New Jersey Law Allows for Expungement of Certain Arrests That Don’t Lead to Convictions

Getting arrested can be a traumatic experience that leaves emotional scars and practical barriers, even if you’re never actually convicted of a crime. Fortunately, New Jersey law provides a way for people to clear their record of arrests that don’t lead to convictions through a process called “expungement.”

This article will explain how New Jersey’s expungement law works for arrests that don’t result in convictions, who’s eligible, and how to get the process started. We’ll also look at some real-world examples and address common questions people have about expunging arrests in New Jersey.

The Bottom Line Upfront:

• New Jersey Statute 2C:52-6 allows for expungement of certain arrests that don’t lead to convictions. This includes cases dismissed by the court, acquittals, and conditional discharges.
• Expungement seals the arrest record from public view and allows you to legally deny it ever happened.
• Eligibility depends on the type of offense and other factors, but many non-conviction arrests can be expunged.
• The expungement petition process involves obtaining certified records, filing legal forms, possible hearings, and a waiting period.
• An experienced New Jersey expungement lawyer can help navigate the process and give you the best chance at success.

The Trauma of Arrest, Without a Conviction

Simply being arrested, even if you’re released without charges, can turn your life upside down. Arrest records show up in background checks and hurt your chances of getting a job, loan, license, or housing. The arrest may also make you ineligible for certain opportunities, like adoption, education programs, and professional licenses.

You might feel ashamed and anxious that people will judge you unfairly based on the arrest, even if you were innocent. This stress and lack of closure can take a real psychological toll.

Fortunately, New Jersey law recognizes that arrests don’t necessarily mean someone committed a crime. The state allows for expungement – sealing of records from public view – for certain arrests that don’t result in convictions.

What Does the New Jersey Expungement Statute Say?

New Jersey Statute 2C:52-6 specifically covers expungement for “arrests not resulting in conviction.”

This law allows people to petition to have arrest records expunged if the case ended in acquittal, dismissal, conditional discharge (similar to probation), or if charges were downgraded to a non-criminal offense. Some examples:

• You were arrested but released without being charged
• The charges were dismissed by a judge
• A jury found you “not guilty” at trial
• You completed a conditional discharge program
• The charges got downgraded to a disorderly persons offense

The arrest will only be eligible for expungement if it didn’t result in a conviction for either an indictable offense (felony) or “disorderly persons” offense (misdemeanor).

So even if you were never convicted, the arrest can’t be expunged if it was for an offense that could have been punished by over 6 months in jail. There are also longer waiting periods and other limitations for more serious offenses.

But many common, low-level charges like shoplifting, minor drug possession, and disorderly conduct can be expunged if they ended without a conviction.

Benefits of Expunging a Non-Conviction Arrest

Getting a non-conviction arrest expunged can remove a major barrier to moving on with your life. Benefits include:

• Record sealed from public view, treated like it never happened
• Legal right to deny the arrest ever occurred
• Won’t show up on most background checks
• Improved chances of getting jobs, loans, housing
• Increased eligibility for licenses, education, adoption
• Closure and reduced stress/anxiety

While law enforcement agencies can still access expunged records, they’re supposed to treat them as if they don’t exist.

Overall, expungement gives you a clean slate and chance to put the arrest behind you for good.

Eligibility and Process for Expunging Non-Conviction Arrests

Unfortunately, expungement is not automatic – you need to actively petition the court. The process involves several steps:

1. Obtain certified copies of your criminal and court records related to the arrest. This establishes proof it did not result in a conviction.
2. Prepare and file the expungement petition and related legal forms. This is usually done with an attorney’s help.
3. The court will schedule a hearing to review your petition. They may ask questions to confirm your eligibility.
4. If approved, the court orders agencies to seal records and expunge the arrest.
5. Wait the designated “expungement waiting period” before records are actually sealed – 1 year for disorderly persons offenses, 3 years for indictable offenses.
6. Once complete, the arrest is removed from public record and legally considered never to have occurred.

There are filing fees involved but low income applicants can request a waiver. The waiting period ranges from 1-5 years depending on the offense. An experienced attorney makes the process go much smoother.

Real World Examples of Expunged Non-Conviction Arrests

To understand how this works, let’s look at some real-world examples of arrests expunged under 2C:52-6:

• Sam was arrested for marijuana possession but the charges were dropped due to an illegal vehicle search. The arrest was expunged.
• Maria was arrested for shoplifting but entered a conditional discharge program. After completing it, she had the arrest expunged.
• James was acquitted of simple assault charges at trial. With no conviction, he expunged the assault arrest.
• Luis was charged with drug paraphernalia possession, but the charge was downgraded to a disorderly persons offense. He expunged the arrest 1 year later.
• Alicia was detained but never formally charged after a bar fight. With no charges filed, she petitioned to expunge the arrest record.

As you can see, the law provides relief for people who suffered an arrest but were never convicted of the offense.

Common Questions About Expunging Non-Conviction Arrests

What if I was convicted, but the conviction was later overturned?

If a conviction is reversed or vacated on appeal, the original arrest can then be expunged through this statute. Talk to an attorney about your options.

How long does an expunged arrest stay off my record?

Once expunged, the arrest is permanently sealed from public record and treated as if it never occurred. However, some agencies can still access expunged records in limited circumstances.

Does expungement guarantee the arrest won’t show up on background checks?

It’s not an absolute guarantee, but properly expunged arrests shouldn’t show up in most standard background checks. Rare exceptions could apply for certain government clearances.

Can I expunge multiple arrests?

Yes, you can expunge multiple eligible arrests at the same time or separately. There’s no limit, but each arrest requires a separate petition.

Is this type of expungement automatic if I’m not convicted?

No, you need to actively petition the court to expunge arrest records, even if you were never convicted. It’s not automatic.

Get Legal Guidance on Expunging Your Arrest Record

Dealing with a non-conviction arrest can be frustrating and traumatic. Fortunately, New Jersey law allows many of these arrests to be expunged and removed from your record.

If you have an arrest that didn’t result in conviction, contact an experienced New Jersey expungement attorney to discuss your options under 2C:52-6. With proper legal guidance, you can finally put the arrest behind you for good. Don’t let an unfair arrest continue haunting you – take action to expunge it today.