New Jersey: Adult Diversion/Deferral Program (NJ-D-3)

Records related to an arrest and charge are expunged six months after case dismissal following supervisory treatment, conditional discharge, or conditional dismissal program. N.J. Stat. § 2C:52-6(c).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

By petition or court's own motion

Remedy

Expunge

Ineligible Category or Citation

The provisions of N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an expungement pursuant to this subsection. An expungement under this subsection shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. N.J. Stat. § 2C:52-6(a)(2)-(3).

Procedure General

The Superior Court orders the expungement of all records relating to the arrest and charge. If the case was handled in the municipal court, the person must request from that court documentation with which to petition the Superior Court for the expungement of all records. N.J. Stat. § 2C:52-6(a)(1).

Fees

There are no fees. N.J. Stat. § 2C:52-6(a)(2).

Effect

The court shall forward a copy of the expungement order to the county prosecutor. The county prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S.2C:52-15. N.J. Stat. § 2C:52-6(a)(4). Records are not released or utilized other than for specified purposes. The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in the circumstances specified in section 2C:52-27.

Forms

For information regarding clearing a record in New Jersey, visit here.

Waiting Periods

The record can be expunged six months after the entry of the order of dismissal.

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