Expungement in NJ Updated January 2019

Expungement in NJ Updated January 2019 

What is an Expungement? 

An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person's apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, the record of law enforcement taking you into custody as a juvenile, conviction, adjudication of delinquency, disposition and any related proceedings are considered not to have occurred. See the section on Comparison of Adult and Juvenile Terms for a glossary of terms that are specific to juvenile court. 

The New Jersey expungement law states in detail who is eligible for an expungement. You should review the current applicable provisions of N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52- 32 to determine if you are eligible. If eligible you must prepare and file a Petition for Expungement. The Petition for Expungement must be filed in the Superior Court in the county where you were arrested or prosecuted as an adult or taken into custody or adjudicated as a juvenile. A judge then decides whether you should be granted an Expungement Order. 

Try to Get a Lawyer 

The court system can be confusing, and it is a good idea to get a lawyer if you can.  Public Defenders do not handle expungement.

Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs and other important documents that relate to your case. 

How to File for an Order to Expunge Your Criminal and/or Juvenile Record 

Records You Will Need 

In order to prepare your expungement petition and prove your eligibility, you will need to get the following information: 

• · The date of your arrest as an adult or when you were taken into custody as a juvenile.
• · The statute(s) and the offense(s) for which you were arrested, taken into custody as a juvenile, convicted or adjudicated delinquent. 
• · The original indictment, accusation, summons, docket number, warrant number or complaint number. Include all, if more than one. 
• · The date of the disposition, which could be the date of the conviction or adjudication of delinquency, date of not guilty verdict or date of dismissal. 
• · The specific punishment or other disposition. 
• · If you are seeking an expungement under N.J.S.A. 2C:52-2(a)(2) for a conviction where at least 5 years has expired or for a conviction of a 3rd or 4th degree controlled dangerous substance offense under N.J.S.A. 2C:52-2(c)(3), you must provide (1) evidence of character and conduct since conviction, and (2) all transcripts of the plea and sentencing hearings, as well as a copy of your presentence investigation (PSI) report. This does not apply to a drug court expungement under N.J.S.A. 2C: 35-14(m).  Source https://www.njcourts.gov/forms/10557_expunge_kit.pdf

Where to Locate Records 

If you must locate your records on your own for an indictable/criminal conviction or arrest, including your PSI, contact the Superior Court Criminal Case Management Office in the county where the arrest or conviction occurred and they will advise you how copies of those records can be obtained. A list of county Criminal Case Management Offices appears at the end of this guide. 

To order transcripts from a Superior Court proceeding, contact the transcript office in the county where the original matter was heard. A list of the transcript offices in each Superior Court appears at the end of this guide. The court transcript request form can be found at njcourts.gov/forms.htm#misc.

If you must locate your records on your own for a juvenile delinquency matter, contact the Superior Court Family Division Office in the county where you were taken into custody as a juvenile, where charges were filed, or where the adjudication occurred, and they will advise you how copies of those records can be obtained. 

If you were taken into custody as a juvenile and no charges were filed against you, you must contact the appropriate law enforcement agency for information related to that incident. 

You might also contact the county prosecutor. A list of county prosecutors' offices with addresses and telephone numbers appears at the end of this guide. Explain that you are interested in expunging your records and ask for the information listed above, or ask to look at your file if this is permitted. 

Note: All of your arrests, charges, or prosecutions, even those for which you are not seeking an expungement, must be listed in your petition. 

You may also be able to find information you need on disorderly persons offenses by contacting the administrator of the municipal court(s) in which you were prosecuted, or the police department involved in your arrest(s) as an adult or that took you into custody as a juvenile. If you cannot get all of the information, you need to follow Step 1 on the next page. 

You may be eligible for an expungement if you still owe money for restitution, fine(s), or other court-ordered financial assessment(s). If, at the time you are filing this petition, you owe money for restitution, fine(s), or other court ordered financial assessment(s), you should contact the appropriate Probation Division Office(s) for the total amount still owed. 

If you are filing for an expungement solely on an arrest/charge not resulting in a conviction or adjudication of delinquency (dismissal, acquittal, discharge without a conviction or finding of guilt that occurred on or after 4/18/2016), prepare and submit only Form C to the court entering your dismissal at the time the dismissal is entered. 

For expungement of dismissed juvenile matters following successful diversions to a Juvenile Conference Committee or Intake Service Conference: Statewide procedures for expungement applications following successful diversions are pending. In the meantime, contact the Family Division Manager in the county where your case was heard for guidance in these situations. 

If you are not 100% sure of your prior record: Request State Police Criminal History Record – Fingerprint Check 

This step is only necessary if you do not already have your criminal/juvenile history information about your arrests, charges and dispositions. 

In order to obtain your criminal/juvenile history record (also known as a rap sheet) from the New Jersey State Police you will need to be fingerprinted. The State Police use the electronic fingerprint scanning services of a private company, IDEMIA USA. You will need to contact IDEMIA USA to schedule an appointment for fingerprinting. You can obtain additional information and schedule an appointment via the Internet at www.bioapplicant.com/nj, or by calling their toll free telephone: 1-877- 503-5981. 

Additional information about obtaining criminal/juvenile history record checks can also be obtained from the New Jersey State Police website http://www.njsp.org/criminal-history- records/index.shtml, or by calling their Criminal Information Unit at 609-882-2000 ext. 2918. 

Note: The State Police will have a criminal/juvenile history only if you were fingerprinted when you were arrested. If you were not fingerprinted, and only a complaint was signed against you when you were arrested, you will still have a record with the police department and the court, but you will not have a record sheet within the Division of State Police, State Bureau of Investigation. 

  Petition For Expungement 

The Petition for Expungement states that you are requesting an Expungement Order and states why you qualify.   

Your attorney must then file the petition in the county where you were arrested or prosecuted as an adult or taken into custody or adjudicated as a juvenile. 

However, if you are filing a petition for expungement solely on a conviction for a disorderly persons or a petty disorderly persons offense, you must file the petition in the county where the most recent disorderly persons or petty disorderly persons offense was adjudged. 

Next, you must complete the Verification page and sign it in the presence of a Notary Public because this page must bear a notary seal. 

Form B - Order For Hearing 

The Order for Hearing is used by the judge to schedule a hearing. The Superior Court judge assigned to your case will usually schedule a hearing between 35 and 60 days after he or she gets your petition. The attorney will fill out the Order for Hearing by following the instructions for Form B. 

Form C - Expungement Order 

The Expungement Order is the official document that will be signed by the judge if your Petition for Expungementis granted. Your attorney will complete the Expungement Order.

Step 3: File and Serve the Forms 

Your attorney will Make three (3) copies of your notarized Petition for Expungement (Form A), Order for Hearing (Form B), and proposed Expungement Order (Form C). The original and two (2) copies should be filed with the court.   

  Cover Letter - For Filing 

The Cover Letter - For Filing is a form letter that describes to the Superior Court Criminal Case Management Office the contents of your package and the purpose of the enclosed forms. 

There is a filing fee of $75 payable by check or money order to the Treasurer, State of N.J. Only checks with preprinted names will be accepted. Starter checks will not be accepted. 

· No fee is required if you are filing for an expungement solely on an arrest/charge not resulting in a conviction or adjudication of delinquency (dismissal, acquittal, discharge without a conviction or finding of guilt), pursuant to N.J.S.A. 2C: 52-6. 

• · No fee is required if you are filing for expungement where charges were dismissed after Pretrial Intervention (PTI) program, conditional discharge, conditional dismissal, or Veterans Diversion Program. N.J.S.A. 2C:43-12, N.J.S.A. 2C:36A-1, N.J.S.A. 2C:43- 13.1, and N.J.S.A. 2C:43-26. 

One copy of thePetition for Expungement, Order for Hearing, and the proposed Expungement Order will be mailed back to your attorney marked “Filed” and assigned an “Expungement Reference Number.” The Order for Hearing will also state the time and the date for your hearing. 

Immediately after receiving the filed copies from the court, your attorney will make at least seven (7) copies of the Petition for Expungement, Order for Hearing, and the proposed Expungement Order. 

Your attorney Mail one copy of each, immediately, by certified mail, return receipt requested, to each of the following government agencies that were involved with your case(s):

• · The Attorney General of New Jersey. 
• · The Superintendent of State Police, Expungement Unit. 
• · The County Prosecutor. 
• · The administrator of the municipal court if a municipal court heard the matter. 
• · The Chief of Police or other head of the police department where the offense was committed or the arrest was made. 
• · The chief law enforcement officer of any other law enforcement agency of the State that participated in the arrest. 
• · The Warden or superintendent of any institution in which you were incarcerated. 
• · The County Probation Division should be provided a copy if you were granted a conditional discharge, conditional dismissal, enrolled into the Pretrial Intervention Program (PTI), enrolled in a juvenile diversion program (Juvenile Conference Committee or Intake Service Conference), granted a deferred disposition, performed community service, owed fines or restitution or you served a term of probation. If your case was transferred to another county for supervision, you should send the information to the original county probation office and the county probation office where your supervision was transferred. 
• · The Division of Criminal Justice, Records and Identification Unit should be provided a copy if your case was processed through the State Grand Jury. 

NOTE: Under N.J.S.A. 1:1-2, “Certified Mail” is defined as including “private express carrier service, provided that the private express carrier service provided confirmation of mailing. Confirmation of mailing may be made by electronic means, and shall include, at a minimum, confirmation of fact of mail, time of mailing, date and time of delivery, attempted delivery, signature, or other similar information for confirmation or proof associated with the delivery service.” 

Step 5: Go to the Hearing 

Usually, your attorney will ask the court to waive the hearing and sign the order if no objection. If there is an objection, you must go to the hearing. Arrive at the court on your assigned hearing date about 15 minutes early. 

If you are required to appear, take your copies of the filed Petition for Expungement, the Expungement Order, and the green return receipt cards to the hearing (unless you previously filed them with the court). When you arrive at the court, tell the court clerk that you are there. 

If any law enforcement officers object to the expungement, they will tell the judge the reason. The judge may ask you some questions and will decide whether to grant or deny you an expungement. If there is no opposition, the judge will, in most cases, grant your expungement. 

If no law enforcement officer’s object to the expungement, the court may order the expungement of your records without a hearing. If this happens, you will receive a signed and filed Expungement Order in the mail. 

It is a good practice to call the court the day before the hearing to confirm that it is still on the court's calendar. 

Step 6: Serve Finalized Expungement Order 

Immediately after your attorney receives a copy of the Expungement Order signed by the judge and stamped “Filed” by the court, your attorney mail a copy of the Expungement Order, by certified mail, return receipt requested, to each of the following: 

·The Attorney General of New Jersey. 

·The Superintendent of State Police, Expungement Unit. 

·The County Prosecutor. 

·The administrator of the municipal court if a municipal court heard the matter. 

·The Chief of Police or other head of the police department where the offense was committed or the arrest was made. 

·The chief law enforcement officer of any other law enforcement agency of the State that participated in the arrest. 

·The Warden or superintendent of any institution in which you were incarcerated. 

·The Records Division of any institution in which you were incarcerated. 

·The Identification Bureau in the county where the arrest was made or where you were incarcerated (a list of County Identification Bureaus appears at the end of this guide). 

·The County Probation Division should be provided a copy if you were granted a conditional discharge, conditional dismissal, enrolled into the Pretrial Intervention Program (PTI), enrolled in a juvenile diversion program (Juvenile Conference Committee or Intake Service Conference), granted a deferred disposition, performed community service, owed fines or restitution or you served a term of probation. 

·The Division of Criminal Justice, Records and Identification Unit should be provided a copy if your case was processed through the State Grand Jury. 

·The County Family Division should be provided a copy if you are requesting the expungement of any juvenile delinquency matters. 

Keep the mailing receipts and the green cards that are returned to you as proof that the documents were received.

In Conclusion 

As a final reminder, make sure that you have completely followed all of the steps required in this guide. This is very important because even though your records may be eligible for expungement, if you miss any of the required steps, your Petition for Expungement may be denied. In that case, you will have to start over. 

• NOTE: Remember to also keep a copy of your final expungement order should your petition be granted. Once granted, obtaining a copy will require a judge’s order. Source https://www.njcourts.gov/forms/10557_expunge_kit.pdf

Comparison of Adult and Juvenile Terms 

The table below compares commonly understood criminal terms to terms specific to juvenile delinquency matters. Juvenile delinquency matters should not be considered the same as adult criminal actions. The process for expunging juvenile records, however, is the same as that for expunging adult criminal matters. In fact, if you have both adult and juvenile records that you wish to expunge, you should include all matters in your expungement petition. 

Criminal Term	Juvenile Term
Arrest	Taking juvenile into custody
Conviction	Adjudication of delinquency
Sentence	Disposition
Indictment	No equivalent - A juvenile is charged with an offense without an indictment process
Jail, prison or incarceration	Secure facility, youth house or detention center or juvenile justice institution (specific names may vary)
Pretrial Intervention Program (PTI)	Diversion - Juvenile Conference Committee or an Intake Services Conference

Glossary of Terms 

Deferred Disposition:	In a deferred disposition, the court adjudicates the juvenile delinquent and sets forth conditions for the juvenile to meet. If the juvenile meets the terms of those conditions, then the disposition will be dismissed pursuant to the court's order.
Diversion:	A diversion is the process of removing minor juvenile cases from the full judicial process on the condition that the accused participates successfully in a rehabilitative process, such as a Juvenile Conference Committee or an Intake Services Conference. If conditions entered into by these diversions are met, then it results in a dismissal of the case, and no appearance before a judge is required.
Indictable Offense:	A criminal offense that includes first, second, third and fourth degree crimes. An indictable offense does not include disorderly persons, petty disorderly persons or municipal ordinance violations.

Source https://www.njcourts.gov/forms/10557_expunge_kit.pdf