Full question:
I was arrested and charged with possession of marijuana. However, I was acquitted of all charges. Can I get my arrest records expunged in New Jersey?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: New Jersey
Answer:
In New Jersey, if you were arrested but not convicted, you can apply to have your arrest record expunged. To do this, you must submit an application to the Superior Court of New Jersey.
According to NJ Rev Stat § 2C:52-6 (2015), the Superior Court will order the expungement of records if:
- Proceedings against you were dismissed,
- You were acquitted, or
- You were discharged without a conviction.
If your case was in municipal court, you can request documentation from that court to support your expungement application. The Superior Court will then issue an order to expunge your records.
There is no fee for applying for this type of expungement. However, if your dismissal or acquittal was part of a plea bargain involving other charges, you cannot apply for expungement until those convictions are expunged.
Additionally, if you did not apply for expungement immediately after your case, you can still file a petition at any time after the proceedings. This petition will also not incur a fee.
Keep in mind that if your dismissal, acquittal, or discharge was due to a determination of insanity or lack of mental capacity, you may be barred from expungement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.