New Jersey Section 2C:52-13 – When hearing on petition for expungement shall not be held

New Jersey Law Says You Can’t Get an Expungement Hearing Until Your Criminal Case is Over

Getting arrested can be scary and stressful. Even if the charges are dropped, just having an arrest on your record can make it hard to get a job or housing. That’s why New Jersey has expungement laws – to give people a fresh start if they made a mistake but stayed out of trouble after. But there’s a catch. You can’t actually get an expungement hearing until your criminal case is totally done.

What the Law Says

New Jersey law Section 2C:52-13 lays it out pretty clearly:

“Such petition shall not be heard until such times as all pending criminal and or disorderly persons charges are adjudicated to finality.”

That means if you file for expungement while you still have charges pending against you, the court will kick the can down the road. They won’t give you a hearing until the criminal case is resolved – all done, case closed.

Some key points about this law:

• It applies to both indictable criminal charges and “disorderly persons” offenses (less serious misdemeanors).
• “Adjudicated to finality” means the case is fully done. No pending charges, no pending appeals, nothing.
• The expungement petition just sits there on hold until the criminal case meets that standard.

So if you want to wipe the slate clean through expungement, first things first – resolve those criminal charges!

Why the Waiting Period Exists

There are a few good reasons why New Jersey forces people to wait out their criminal cases before getting an expungement hearing:

• Avoids wasted effort. If new charges end up on your record later, it defeats the purpose of expunging the old ones. Better to do it all at once.
• Lets the full record be considered. The judge deciding your expungement needs to see your complete criminal history, including the outcome of pending cases.
• Prevents fraud. It stops people from trying to hide active charges from the court and pull a fast one.

The waiting period is a safeguard to make sure expungement really gives you the fresh start it’s meant to. The courts want to see you put the trouble behind you for good before clearing your record.

Options if You Have Pending Charges

Now what if you do have active criminal charges and were hoping to get something expunged sooner rather than later? You still have options:

• Fight the charges. If you believe the charges are bogus or can beat them in court, do that first so you can expunge them after.
• Plea bargain. Work with the prosecutor to plead guilty to something minor or get charges dropped. A good deal can resolve things faster.
• Wait it out. If you’re sure the charges will eventually be dismissed or you’ll be found not guilty, just be patient through the process so you can expunge after.
• Consult an attorney. A lawyer may be able to get charges resolved promptly or advise if you can expunge eligible counts immediately.

The waiting period can be frustrating, but looking at the big picture can help. Resolving the case is priority one – that will put you in the best position to expunge and move forward.

After the Criminal Case is Over

Once your criminal charges reach a final resolution with no pending appeals or loose ends, you’re clear to petition the court for an expungement hearing. Here’s a quick run-down of what to expect:

• File the petition in Superior Court in the county where your most recent conviction happened. Make sure to include all the required statements and documentation.
• Serve notice to all the required law enforcement and prosecution agencies. They’ll have a chance to object before the hearing.
• Attend your hearing if there are objections. Otherwise the judge may grant expungement without a hearing.
• Get the court order if expungement is approved. Then the agencies remove eligible records and you’ve got a clean slate!
• Breathe that sigh of relief and move forward with your goals now that your record isn’t holding you back.

The waiting period stinks, but once your criminal case wraps up, you can finally pursue the fresh start you deserve. Understanding the law on timing just helps set realistic expectations. An experienced New Jersey expungement lawyer can walk you through the process and help get your record cleared. Don’t let past mistakes stop you from building your best future.