New Jersey: Juvenile Court Records and Law Enforcement Records (NJ-AR-8)

Records relating to a delinquency matter that was dismissed or the person was found not delinquent can be expunged upon dismissal so long as the person is not subject to a disqualifying event. N.J. Stat. Ann. § 2C:52-4.1(c).

Record Detail(s)

Charges dismissed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Any person who has had charges dismissed against him 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. N.J. Stat. § 2C:52-6(b). 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. N.J. Stat. § 2C:52-6(d).

Procedure General

The Superior Court shall, at the time of dismissal, acquittal, or discharge, or, in any case set forth in paragraph (1) of this subsection, order the expungement of all records and information relating to the arrest. If proceedings took place in municipal court, the municipal court shall follow procedures developed by the Administrative Director of the Courts. N.J. Stat. § 2C:52-6. When a person did not apply or a prosecutor did not move on behalf of an eligible servicemember for an expungement of an arrest not resulting in a conviction pursuant to subsection a. of this section, the person 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. N.J. Stat. § 2C:52-6(b).

Fees

Payment of fees is not required. N.J. Stat. § 2C:52-29.

Effect

Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27.

Forms

There is no statutory language on forms.

Waiting Periods

The person can make application at the time of dismissal or finding that the person was not delinquent. If application was not made at the time of dismissal, the person can file a petition at any time.

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