Expungement of an Arrest in New Jersey
What Happens to Your Record When a New Jersey Criminal Case Is Dismissed?
A criminal case can end entirely in a defendant’s favor even though records were created when the case began. Police may have documented an arrest, fingerprints may have been taken, a complaint or indictment may have been filed, and court records may exist despite the fact that the prosecution ultimately produced no conviction.
New Jersey law specifically addresses records arising from these situations. For many qualifying cases, expungement is now intended to occur in connection with the dismissal, acquittal, or other favorable disposition itself rather than years later through the traditional procedure used for convictions.
N.J.S.A. 2C:52-6 governs arrests and charges that do not result in a conviction or finding of guilt. How the case ended, and whether it involved a plea agreement or diversionary program, can determine how that statute applies. The expungement attorneys at The Tormey Law Firm, with an office in Hackensack, review these records for clients throughout Bergen County and New Jersey. Call (201)-330-4979 for a free consultation.
Dismissal, Acquittal, and Discharge Without a Conviction
N.J.S.A. 2C:52-6 applies when a person was arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation and the proceeding ultimately ended without a conviction or finding of guilt.
The statute covers circumstances in which:
- The charges were dismissed;
- The defendant was acquitted; or
- The proceeding otherwise ended with a discharge that did not result in a conviction or finding of guilt.
For qualifying matters, New Jersey law directs that the records and information relating to the arrest be expunged at the time of the favorable disposition.
That framework is substantially different from the waiting periods ordinarily associated with expunging a criminal conviction.
Is There a Waiting Period After Charges Are Dismissed?
An ordinary qualifying dismissal or acquittal under N.J.S.A. 2C:52-6 is not subject to the five-year period applicable to many conviction expungements.
Instead, eligible matters are generally addressed when the prosecution concludes without a conviction.
The result can be different, however, when the dismissal occurred through a diversionary program or as part of a plea agreement involving a conviction on another charge. The reason for the dismissal therefore matters just as much as the fact that the charge was dismissed.
What Happens in Municipal Court?
Many cases involving disorderly persons offenses, petty disorderly persons offenses, and municipal ordinance violations are resolved in New Jersey’s municipal courts, including the Hackensack Municipal Court and other courts throughout Bergen County.
For qualifying matters ending without a conviction or finding of guilt, N.J.S.A. 2C:52-6 directs municipal courts to follow procedures established by the Administrative Director of the Courts for expungement of the associated records.
Accordingly, a favorable municipal court disposition does not carry the lengthy waiting period associated with many conviction expungements.
If an older municipal matter was dismissed but the status of the arrest record remains uncertain, the disposition should be reviewed to determine whether the expungement was entered and properly processed.
What If the Arrest Was Never Expunged?
Older cases do not always reflect today’s expedited procedure, and there may also be circumstances in which an eligible arrest was not cleared when the case concluded.
New Jersey law preserves a remedy for that situation.
N.J.S.A. 2C:52-6 allows a person whose qualifying arrest or charge was not expunged at disposition to seek expungement afterward. An eligible person therefore does not necessarily lose the opportunity to clear the record simply because the expungement was not entered when the original matter ended.
Determining what occurred usually requires reviewing both the disposition of the criminal case and any expungement order associated with it.
A Dismissal Through a Plea Agreement Can Be Different
The word “dismissed” does not automatically mean that every dismissed charge receives immediate expungement treatment.
N.J.S.A. 2C:52-6 contains a specific limitation where the dismissal, acquittal, or discharge resulted from a plea agreement involving conviction on other charges. In that situation, the immediate-expungement provision does not apply in the same way.
The statute further provides that this restriction no longer applies once the related conviction itself has been expunged.
This can become important when a defendant originally faced several charges, pleaded guilty to one, and obtained dismissal of the remaining counts as part of the negotiated resolution.
The complete disposition must therefore be examined rather than treating one dismissed count as though it were an unrelated case.
Dismissal After PTI or Another Diversionary Program
A case dismissed following successful completion of a diversionary program follows another set of rules.
Under N.J.S.A. 2C:52-6, a person whose charges were dismissed following Pretrial Intervention, Conditional Discharge, or Conditional Dismissal generally must wait six months after entry of the dismissal before obtaining relief under this provision.
This distinction exists because a dismissal earned through supervisory treatment is treated differently from an ordinary dismissal or acquittal.
Someone who completed a diversionary program should therefore determine the date and type of disposition before assuming that the record was eligible for immediate expungement. Learn more about the expungement of PTI or conditional discharge.
What If You Were Found Not Guilty at Trial?
N.J.S.A. 2C:52-6 expressly includes an acquittal. A defendant who proceeds to trial and is found not guilty has no conviction arising from that prosecution, but records of the original arrest and case may nevertheless have been created.
The statute provides a mechanism for clearing the records associated with that qualifying acquittal. If there is uncertainty about whether the required expungement was entered, the court record can be reviewed to determine the present status of the matter.
Are There Dismissed Cases That Are Excluded?
New Jersey law contains an important exception to the favorable-disposition rule.
A person is barred from relief under N.J.S.A. 2C:52-6 when the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the charged crime.
The basis for the disposition therefore cannot be ignored when evaluating eligibility.
Unusual or unclear dispositions should be reviewed from the actual court record rather than assuming that every case carrying a dismissal notation receives identical treatment.
Does an Arrest Expungement Prevent Another Expungement Later?
No. N.J.S.A. 2C:52-6 specifically provides that an expungement relating to a qualifying dismissal, acquittal, or discharge without a conviction does not bar a future expungement.
This is an important feature of the statute because a non-conviction expungement is not treated as though the individual previously received expungement of a criminal conviction.
Any later application will still have to satisfy the requirements applicable to the person’s subsequent criminal history.
What Does Expungement Do to the Arrest Record?
Once an eligible arrest has been expunged, the covered records are removed from ordinary public criminal-history access and must be maintained and handled in accordance with New Jersey’s expungement statutes.
Expungement does not mean that every document connected with the matter is physically destroyed. New Jersey law permits expunged information to remain available for certain specifically authorized purposes.
For ordinary criminal-record purposes, however, expungement significantly changes the legal status and accessibility of the qualifying arrest information.
How Can You Confirm Whether an Arrest Was Expunged?
The status of an old arrest can often be determined by reviewing the records associated with the original case and even obtaining a background check.
Relevant documents can include:
- The criminal complaint or indictment;
- The judgment or disposition;
- The dismissal order; and
- Any expungement order entered by the court.
Together, those records can show why the prosecution ended and whether the arrest received the expungement treatment required by law.
The age of the case can also matter because New Jersey’s procedure for non-conviction expungements has changed substantially over time.
When the available paperwork is incomplete or the record continues to appear unexpectedly, further review may be necessary to determine whether additional expungement relief should be pursued.
New Jersey Attorneys for Expunging Arrest Records
A dismissal or acquittal ends the criminal prosecution, but an individual may still have questions about what happened to the records created when the case began.
The attorneys at The Tormey Law Firm handle arrest and criminal-record expungements throughout New Jersey. We can review the disposition of an old Superior Court or municipal court case, determine whether it falls within N.J.S.A. 2C:52-6, investigate whether an expungement was previously entered, and pursue appropriate relief when an eligible record remains unresolved.
Our attorneys also handle expungement matters involving indictable convictions, disorderly persons offenses, diversionary programs, Clean Slate eligibility, marijuana-related cases, and other qualifying New Jersey criminal records.
To discuss an arrest that ended in dismissal, acquittal, or another disposition without a conviction and determine whether any additional action is necessary to clear the associated record, call (201)-330-4979 or fill out our online contact form. Consultations are always provided free of charge.
