Expedited Expungement NJ

Expedited Expungement NJ

      If you are charged with a disorderly persons offense, petty disorderly persons offense, or a municipal ordinance violations, and those charges are either dismissed, you are acquitted, or your case is discharged without a conviction or finding of guilt, you may be eligible for an expedited expungement pursuant to N.J.S.A. 2C:52-6.

       The Expungement form needs to be filed with the court the same day the charges are dismissed, or a not guilty finding.

       Otherwise, your attorney can help you with the formal expungement process.

  Expungement of Arrest or Charge Records N.J.S.A. 2C:52-6 These forms are ONLY provided upon request and at the time of disposition to persons seeking the expungement of arrest or charge records relating to a disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation, where those proceedings were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt. 

The Expedited Expungement formsare not to be used to expunge arrest or charge records where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. The process requires the completion of the following three steps. 

Step 1: Complete the Application for Expungement of Arrest or Charge Records The Application is used by the Municipal Court to determine whether the Applicant is eligible for an expungement of the arrest(s) or charge(s). The Applicant must complete sections A, B, and C of the form. 

Section A requires the personal information of the Applicant. 

Section B requires the identification of the arrest or charges that the Applicant seeks to have expunged. The Applicant must provide the date of the arrest, the statute or ordinance the Applicant was charged with violating, and the complaint number. If the Applicant does not have some or any of this information, the Applicant can obtain a printout of the case disposition from staff of the municipal court where those proceedings were dismissed, the Applicant was acquitted, or the Applicant was discharged without a conviction or finding of guilt. 

If a printout is obtained, the Applicant should attach it to the Application. The Applicant may alternatively search for the complaint number by accessing the Municipal Court Case Search via the NJMCdirect website, http://www.njmcdirect.com. 

Section C requires the Applicant to date and sign the request for expungement. 

Step 2: Complete the Order for Expungement of Arrest or Charge Records The Order is the official document that will be reviewed and, if granted, signed by the Superior Court Judge. The Instructions for Completion of the Order are listed below. 

1. At the top left-hand corner, fill in full name and address. 

2. Do not fill in the box marked "For Superior Court Use Only." This will be completed by the Criminal Case Management Office. 3

. In the box where it states, "In the Matter of the Expungement of the Arrest/Charge Records of _______________," print full name. 

4. In the first sentence of the Expungement Order, print full name, date of birth and your State Bureau of Identification (SBI) number, if available, where it is indicated. 

5. Leave the next three spaces blank where it states "IT IS ORDERED this ___ day of __________, ______________." They will be filled in by the court. 

6. After "all information relating to," fill in full name. 

7. On lines 1-5, provide the date of the arrest or issuance of the complaint, the statute or ordinance charged with violating, and the complaint number. This information should be identical to that contained in Section B of the Application for Expungement of Arrest or Charge Records. If more than five rows are needed, attach a separate sheet of paper with the additional information. 

8. Leave the signature line on the next page blank. This is where the judge will sign the order. 

Step 3: Submit the Forms for Expungement of Arrest or Charge Records to the Municipal Court Upon completion of the Application and Order, the Applicant must submit the completed Forms via either hand delivery or mail to the municipal court where those proceedings were dismissed, the Applicant was acquitted, or the Applicant was discharged without a conviction or finding of guilt.    

The Application will then be reviewed by a Municipal Court Judge. If approved, the Municipal Court Judge will sign the Application and forward the signed Application and Order to the Applicant and the County Criminal Division for submission to the Superior Court Judge. 

In the event the Application is improperly or incompletely filled out, the Applicant will be notified by municipal court staff. After review by a Superior Court Judge, and if granted, a copy of the signed Application and executed Order for Expungement will be forwarded to the appropriate prosecutor and Municipal Court for the expungement of applicable records. A copy of the signed Application and executed Order will also be forwarded to the Applicant.