N.J.S.A. 2C:52-6
New Jersey law dictates that anyone who is arrested will subsequently have a criminal record reflecting that arrest, even if they are never convicted of the charges. Unfortunately this leaves many people who have been accused of crimes with tarnished criminal records even after a favorable result such as an acquittal finding the alleged offender not guilty, after receiving a conditional dismissal and taking advantage of alternative diversionary programs like Pre-Trial Intervention or Conditional Discharge, or after criminal charges are dismissed for other reasons.
Under N.J.S.A. 2C:52-6, New Jersey law sets different requirements for an arrest record to be eligible for expungement depending on the circumstances of the matter and the actual end result of the arrest and charges.
Expungement of Arrests Resulting In Conditional Dismissal / Diversionary Program
In some matters, and especially with the assistance of a skilled and knowledgeable defense attorney, an offender may be able to take advantage of an alternative program in lieu of an actual conviction on the charges faced. These programs, such as Pre-Trial Intervention or Conditional Discharge, allow defendants to participate in a program which allows dismissal of charges after the defendant successfully completes the requisite probationary program, with the dismissal conditioned on successful completion of that program.
Waiting Period
In the case of a conditional dismissal with participation in a diversionary program, an offender is required under N.J.S.A. 2C:52-6 to wait six (6) months after the date of the order dismissing the charges before an expungement may be sought. If the offender fails to successfully complete the diversionary program as mandated by the court, the charges may not be dismissed.
Expungement of Arrests Resulting In Unconditional Dismissal
Often, people accused of crimes are not ultimately convicted, and instead are found not guilty in court or the criminal charges are discharged or dismissed without resulting in a conviction. An acquittal can occur when the prosecutor fails to prove in court that the defendant committed the crime in question. Dismissal of charges can occur for many reasons, such as when a prosecutor does not believe sufficient evidence supports the case against the defendant, when a prosecutor offers a plea bargain dismissing some charges in favor of others, or for many other reasons. Complete dismissal of charges allows for the quickest expungement process, but unfortunately going through the steps of filing a proper expungement petition is still required in order to rightfully clear your tarnished criminal record.
No Waiting Period
When charges are unconditionally dismissed or result in an acquittal or finding of not guilty, N.J.S.A. 2C:52-6 allows a petition for expungement of the underlying arrest with no waiting period.
Expungement of Arrests Resulting In Finding of Insanity or Lack of Capacity
Defendants who are found not guilty by reason of insanity or who are determined to lack the mental capacity to commit a crime are not eligible to have an arrest record underlying such a conviction expunged.
New Jersey Expungement Attorneys
Our powerful legal defense team at The Law Offices of Jonathan F. Marshall has decades of experience petitioning for New Jersey expungements. We understand that your battle is not over with the dismissal of your charges or completion of your diversionary program, and we are thoroughly prepared to help you successfully pursue your expungement so that you can move on with your life as soon as possible. If you need assistance with expungement of your arrest record, call us at 1-877-450-8301 any time for a free consultation.