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Expungement of an Arrest in New Jersey

Hackensack NJ Expungement Lawyers


The Superior Court of New Jersey has the authority to expunge the record of a criminal arrest or conviction in the State of New Jersey. Once the court enters an expungement order, the criminal offense is deemed to never to have happened. A person may legally respond with the answer of “no” to any questions asking whether he or she has ever been arrested, convicted, or charged with a crime or disorderly person offense. Additionally, a criminal background check will indicate that the person has no criminal record. (The only exceptions are applications for a job as a law enforcement officer or in the judicial branch of government.)

Although it is possible to represent yourself during an expungement process, hiring an experienced attorney assures you that your case will be submitted, argued, and resolved as efficiently as possible. At The Tormey Law Firm, with offices in Hackensack, New Jersey, we often represent individuals who seek to have their New Jersey criminal records expunged. We pride ourselves on providing personal, individual, and aggressive representation to combat your criminal or DWI charges. Contact our offices at (201)-330-4979 for a stress-free, cost-free consultation.

 

Expungement of an Arrest in New Jersey: N.J.S.A. 2C:52-6

An expungement of an arrest not resulting in a conviction is governed by N.J.S. 2C:52-6 which provides in pertinent part:

§ 2C:52-6. Arrests not resulting in conviction

a. In all cases, except as herein provided, wherein 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 against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged.

b. Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, § 27 (C. 24:21-27) [FN1] or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.

c. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.

 

Expungement of an Arrest in New Jersey: Preserve your Clean Record

If you have been arrested and the charges were dismissed or you were found not guilty at trial, that is a major success. However, your work is not done. The arrest will still appear on your record when a background check is conducted for school or employment opportunities. Yes, the charges will show up as dismissed and you will have no criminal record as a result of the incident, but you may still have to explain this arrest to your potential employer. To avoid this, you can file an expungement to have to arrest removed from your record entirely. There is no waiting period so you can file this expungement immediately. Once the expungement is completed, you will have no criminal record and no arrest record as a result of the incident.

 

If you are eligible based on the above requirements, you can file for an expungement to have these arrests or offenses removed from your record. Contact our offices anytime at (201)-330-4979 for a free consultation.

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NJ Criminal Law Video Library

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.