Expungement of an Arrest in Middlesex County
Edison Expungement Attorneys Assisting Clients with Expunging Arrest Records
Having a criminal arrest on your record in New Jersey can negatively impact you both personally and professionally. The good news, however, is that under certain circumstances you can apply to have an arrest cleared or “expunged” from your record, particularly if that arrest did not result in a criminal conviction. If you need to expunge an arrest in New Brunswick, Piscataway, Woodbridge, East Brunswick, Edison, South Amboy or nearby areas, call our Middlesex County criminal lawyers to find out how we can help you take advantage of the expungement process. We can examine your criminal record and to tell you more about your eligibility for an expungement. You can contact our local office in Edison at (732) 659-9600 or reach out online to arrange a free consultation with a criminal defense attorney anytime, day or night.
Expunging an Arrest when Charged are Dismissed New Jersey
Arrest records can be complicated and unforunately, long-lasting. If you are arrested and a case is then filed against you, that arrest will remain on your record regardless of whether the charges filed against you in court are later dismissed due to insufficient evidence or for any other reason. Even more surprisingly, an arrest can remain on your record even if a New Jersey jury or judge finds you not guilty at trial. Your arrest record can still show up on background checks and may affect your eligibility for certain jobs, schools, professional licenses, and other important certifications. In short, even if you beat the case filed against you, you may still need to apply to remove or “expunge,” your arrest to clear your record to the fullest extent possible.
It is important to note that the complexity of the expungement process often prevents individuals from correctly meeting all of the requirements involved, which is why it is highly advisable to enlist help from a criminal defense lawyer with experience handling expungements. For example, in order to ensure the expungement of your record by all parties who may have this documentation, you must forward copies of the expungement hearing date and signed expungement order to relevant law enforcement agencies and courts that may have it. It is vital to provide all necessary documents throughout the expungement process, as well as the signed expungement order, so that those entities comply with getting rid of any information related to your arrest.
Expungement of an Arrest Not Resulting in Conviction Law: NJSA 2C:52-6
A specific New Jersey statute, codified in NJSA 2C:52-6, sets forth the procedure for expunging an arrest from your record if that arrest did not result in a conviction. The statute applies to arrests for indictable crimes, disorderly persons offenses (similar to misdemeanors in other jurisdictions), petty disorderly persons offenses (similar to criminal infractions in other jurisdictions), and municipal ordinance violations alike.
The expungement law contained in NJSA 2C:52-6 provides that if charges filed against a person and pending in Superior Court are dismissed, or if the person goes to trial and a judge or jury acquits that person, the Superior Court shall order the expungement of records and information related to arrest or charges filed upon receiving an appropriate expungement application. If, on the other hand, the arrest and related proceedings were handled in a municipal court, the municipal court must provide a person, upon request, with necessary disposition records to transmit to the Superior Court.
The law requires a Superior Court to enter an order expunging all records relating to the arrest or charge if that application complies with eligibility requirements and has been properly filed. The statute further provides that, even if you did not apply for an expungement of your arrest immediately after the case filed against you was dismissed or after you were acquitted, you may still submit a verified petition requesting expungement to the Superior Court in the county in which your case was pending or your arrest and proceedings took place at any time.
There are some exceptions and waiting periods applicable to these expungement rules—relating, for example, to cases dismissed based on insanity, a lack of mental capacity, or through a supervisory program or conditional discharge, but NJSA 2C:52-6 otherwise applies broadly.
Get Help with Expungement of an Arrest in Piscataway, NJ
If you are looking to expunge your criminal record in Middlesex County, New Jersey, speak to a criminal defense attorney who can further advise you on your chances of obtaining an expungement and on how to apply for expungement. Our knowledgeable criminal defense lawyers can answer all of the questions you may have. Simply call us at (732) 659-9600 to discuss your arrest expungement in NJ.