How do I expunge a diversion program from my record in New Jersey?
Sussex County Expungement Attorneys
First time criminal offenders in Sussex and Warren County oftentimes resolve their criminal or disorderly persons cases by way of diversionary programs such as pretrial intervention (PTI), conditional dismissal, or conditional discharge. But although after successful completion of the program, the charges are ultimately dismissed, there will still be a record of the underlying arrest that led to the charges in the first place. When it comes to an expungement of an arrest record after the successful completion of a diversionary program in Sussex or Warren County, any person who has charges dismissed after pretrial intervention, conditional dismissal or conditional discharge can apply for an expungement after six months from the dismissal of the charges; and the experienced expungement lawyers at the Tormey Law Firm are always available to handle your expungement needs. Contact us now for a free initial consultation at 973-755-1695.
Expunge a Diversion Program from my record – N.J.S.A. 2C:52-6(c)
Pursuant to N.J.S.A. 2C:52-6(a), when a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation under the laws of this State or of any governmental entity thereof and proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt, the Superior Court shall, at the time of dismissal, acquittal, or discharge, upon receipt of an application from the person or any time thereafter, order the expungement of all records and information relating to the arrest or charge. However, N.J.S.A. 2C:52-6(c) sets forth an exception for diversionary program and states that any person who has had charges dismissed against him pursuant to a program of supervisory treatment pursuant to pretrial intervention, conditional discharge, or conditional dismissal shall be barred from the relief provided in this section until six (6) months after the entry of the order of dismissal.
How does the expungement process work?
An expungement is essentially a motion filed in the Superior Court in the county in which you were charged, arrested, and/or convicted. First, we must request a certified disposition from the court showing what charges you had and how those charges were resolved. This must be a certified (stamped) copy that we attach as an exhibit to your expungement petition. Then, we must draft the expungement motion which includes a certification that the client must sign. Once the motion is drafted and the certification is signed, we can file the motion with the court. We must send copies of this motion, certified mail, to all the law enforcement agencies in New Jersey letting them know that we are applying to have your records expunged. These agencies include the local police, attorney general, etc. Then, we will receive a copy back from the court which shows that the motion was successfully filed. At this point, the court will set a hearing date for the expungement. Most expungements proceed “on the papers” so there is no need to appear at the hearing. As long as the prosecutor’s office does not object to the expungement, a Superior Court Judge will sign an order granting the motion to expunge your records. Once we receive this signed order from the court, we must again send certified copies of it to all the law enforcement agencies so that they then remove your records.
Note: The records are not destroyed. They are set aside so they no longer show up on background checks. The expungement process takes a minimum of 90 days but can take up to six (6) months or longer. It depends on the court and the county in which you are filing.
Contact our Warren County Expungement Lawyers Now
Whether you have successfully completed pretrial intervention for indictable crimes in Sussex or Warren County Superior Court, a conditional dismissal for shoplifting in municipal court, or a conditional discharge for marijuana possession or paraphernalia possession in municipal court, you can apply for an expungement six months after the successful completion of your diversionary program. No matter your expungement needs in Warren or Sussex County, the expungement attorneys at the Tormey Law Firm are ready get the process started and take care of your first step in getting a clean record. Contact us now for a free initial consultation at 973-755-1695.