New Jersey: Adult Diversion/Deferral Program (NJ-D-4)

Records of an arrest that are dismissed following an eligible servicemember's successful participation in a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), can be expunged at time of dismissal. N.J. Stat. § 2C:52-6(a)(6), (c)(2).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

By petition or court's own motion

Remedy

Expunge

Ineligible Category or Citation

See N.J. Stat. § 2C:52-6(a)(2)-(3) for ineligible offenses.

Procedure General

The county prosecutor, on behalf of the eligible servicemember, may move before the court for the expungement of all records and information relating to the arrest and the diversion at the time of dismissal. N.J. Stat. § 2C:52-6(a)(6). When a person did not apply or a prosecutor did not move on behalf of an eligible servicemember, the person may at any time following the disposition of proceedings, present a 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. Stat. § 2C:52-6(b).

Fees

No fee is charged.

Effect

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.

Forms

There is no statutory language on forms.

Waiting Periods

Any time following the order of dismissal if an expungement was not granted at the time of dismissal. N.J. Stat. § 2C:52-6(c)(2).

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