New Jersey: Adult Factual Innocence (NJ-FI-1)

Records of an arrest and conviction containing the name of an identity theft victim as the perpetrator of a crime can be deleted, sealed, labeled, or corrected to remove the name of such victim. N.J. Stat. § 2C:52-32.1.

Record Detail(s)

Identity theft

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Delete

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court where the charge is pending or the conviction was entered. For the specific procedure, see N.J. Stat. section 2C:52-32.1.

Fees

No statutory language regarding fees.

Effect

The court shall order that the victim's name and associated personal identifying information contained in the records, files, and indexes of relevant courts, law enforcement agencies, correctional institutions, and administrative agencies which are accessible to the public be deleted, sealed, labeled to show that such data is impersonated and does not reflect the defendant's identity, or corrected by inserting in the records the name of the perpetrator, if known or ascertainable, in lieu of the victim's name. See subsection (a)(3).N.J. Stat. § 2C:52-32.1.

Forms

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

Waiting Periods

There is no statutory language regarding a waiting period.

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