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New Jersey Expungement LawWe represent clients seeking New Jersey expungement of their prior criminal record under N.J.S.A. 2C:52-1 in the New Jersey counties of Middlesex, Monmouth, Mercer, Somerset, Essex, Union, and Hudson. An expungement is to extract and isolate all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. The purpose is to provide relief to one time offenders. Can I extract an Arrest Record even if it did not result in conviction? Yes, but only if you were acquitted of the offense charged and two years past since the arrest. Paying a fine pursuant to a plea agreement to a city, township or borough ordinance constitutes an acquittal for purposes of getting your arrest record extracted with the Court. Can I extract my criminal record? Indictable offenses - county cases of the 4th, 3rd or 2nd degree - may be extracted after ten years so long as there are no other indictable offenses on one's record or no more than two disorderly or petty disorderly offenses on one's record. Disorderly and petty disorderly offenses may be extracted after five years. 1st degree crimes may not be extracted, such as murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery and conspiracy or attempt to commit any of the foregoing crimes. A municipal ordinance violation may be extracted after two years. A juvenile delinquent's record may be extracted after five years if he or she had not been convicted of any other crime or disorderly or petty disorderly offense and the crime is an offense that can be extracted - For example, crime of murder, a 1st degree offense, may never be expunged. If charges are pending a petition for a New Jersey expungement will be rejected by the Court.
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