New Jersey Expungements of Arrests not Resulting in Conviction (Dismissals, Not Guilty) | N.J.S.A. 2C:52-6

     The following is a copy of New Jersey’s Expungement Law regarding dismissals and not guilty verdicts  N.J.S.A. 2C:52-6.

This provides the authority to force police and government institutions to remove records of arrests and convictions from an individuals record.  This is most often done to resolve difficulties in background searches related to employment.  Employers often discriminate against applicants based merely on them having had charges filed against them, even if the charges were later dropped or they were found not-guilty.

These are guidelines, and are not the end all be all of New Jersey’s expungement law.  This is also not a complete guide to expungements.  For a general guideline to New Jersey’s Expungement Law, please see here.  This page is only related to arrests not resulting in conviction.  This means outright dismissals, and not guilty verdicts, and not:

      Indictable Crimes, 1st, 2nd, 3rd, and 4th Degree Crimes

      Disorderly Persons, Petty Disorderly Persons

      Municipal Ordinance Offenses

      Juvenile Delinquency

      Youthful Drug Offenses/Crimes

     If you believe you may qualify for an expungement, you may attempt to procure one on your own (pro se), a guide and forms are located here.  These are denied far more often than petitions created by an Experienced NJ Expungement Attorney.  If you do not wish to go through hassle and often repeated attempts at navigating our criminal justice system, please call our top NJ Expungement Lawyers today.  

N.J.S.A. 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 N.J.S.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) or pursuant to a program of supervisory treatment pursuant to N.J.S.2C:43-12, or conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal pursuant to P.L.2013, c. 158 (C.2C:43-13.1 et al.), shall be barred from the relief provided in this section until six 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.

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