Expungement of Dismissed Charges and Arrests in New Jersey

What Happens to an Arrest Record When the Case Is Dismissed?

A criminal case can end without a conviction while still having generated records of the arrest, charges, and court proceedings.

New Jersey law specifically provides for expungement of qualifying records when a prosecution ends in dismissal, acquittal, or discharge without a conviction or finding of guilt.

N.J.S.A. 2C:52-6 establishes special treatment for these non-conviction records. Under current law, the court generally is directed to order the expungement in connection with the dismissal, acquittal, or discharge itself.

That makes these cases different from many conviction-based expungements, which can involve substantial waiting periods and additional eligibility requirements.

The Tormey Law Firm represents clients charged with all types of offenses, including disorderly conduct, criminal mischief, and stalking, in Parsippany, Denville, Mount Olive, Morristown, Rockaway, and throughout Morris County. For a free consultation with a Morris County expungement lawyer, contact our Morristown office at (908) 336-5008.

Which Non-Conviction Records Can Be Expunged?

N.J.S.A. 2C:52-6 applies when a person was arrested or held to answer for a:

• Crime;
• Disorderly persons offense;
• Petty disorderly persons offense; or
• Municipal ordinance violation,

and the proceedings were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt.

The statute therefore reaches more than cases formally described as “dismissed.”

An acquittal after trial and another qualifying termination of the proceedings without a conviction can also fall within this provision.

Is There a Waiting Period After a Case Is Dismissed?

For an ordinary qualifying dismissal, acquittal, or discharge without a conviction, N.J.S.A. 2C:52-6 does not impose the multi-year waiting periods associated with many conviction expungements.

Current law generally directs the court to order the qualifying expungement in connection with the disposition itself.

This is different from cases dismissed after successful completion of certain diversionary programs.

A dismissal following Pretrial Intervention, Conditional Discharge, or Conditional Dismissal is generally subject to a six-month period after entry of the dismissal order before relief is available under N.J.S.A. 2C:52-6.

The reason a case was dismissed therefore matters. A straightforward dismissal and a dismissal following successful completion of a diversionary program should not automatically be treated as though they have the same expungement timeline.

Does the Court Expunge the Record When the Case Is Dismissed?

Under current N.J.S.A. 2C:52-6, qualifying non-conviction records generally are addressed at the time the criminal proceeding ends.

When the statutory requirements are satisfied, the law directs the court to order expungement in connection with the dismissal, acquittal, or discharge. Municipal court matters are handled according to procedures developed by the Administrative Director of the Courts.

The immediate procedure also differs from the ordinary petition-based expungement process. N.J.S.A. 2C:52-6 expressly provides that the procedures contained in N.J.S.A. 2C:52-7 through N.J.S.A. 2C:52-14 do not apply to an expungement under this subsection.

This current procedure is particularly important when reviewing an older case. A person whose charges were dismissed years ago may have a record that was processed under procedures that differed from those now in effect.

If a qualifying expungement was not obtained when the proceedings ended, N.J.S.A. 2C:52-6 separately permits the person to seek relief afterward.

What If My Case Was Dismissed Years Ago but the Arrest Still Appears?

The opportunity to seek expungement is not necessarily lost merely because the dismissal occurred years ago.

When an expungement of a qualifying arrest was not obtained in connection with the disposition, N.J.S.A. 2C:52-6 permits a person to petition for relief at any time following disposition of the proceedings.

For an older record, the first step is often determining exactly how the case ended and whether an expungement order was previously entered.

The age of the dismissal, standing alone, does not prevent a qualifying non-conviction record from being considered under this provision.

What If I Was Found Not Guilty at Trial?

An acquittal can also qualify.

N.J.S.A. 2C:52-6 expressly includes proceedings in which the person was acquitted.

Accordingly, the expungement provision is not limited to charges withdrawn by a prosecutor or dismissed before trial. A person who proceeded to trial and was found not guilty may also fall within the statute’s protection for arrests not resulting in conviction.

The relevant distinction is the ultimate disposition: the prosecution ended without a conviction or finding of guilt.

What If the Prosecutor Dismissed Charges as Part of a Plea Agreement?

This is an important exception.

An expungement under the immediate non-conviction provision is not ordered when the dismissal, acquittal, or discharge resulted from a plea-bargaining agreement involving conviction on other charges.

For example, a defendant may resolve a multi-count case by pleading guilty to one charge while other charges are dismissed as part of the negotiated agreement. Those plea-related dismissals do not receive the same immediate treatment as a qualifying case that ends without a conviction.

The statute contains an important qualification: this particular bar no longer applies once the conviction arising from the plea agreement is itself expunged, whether that is a disorderly persons conviction or an indictable conviction.

It is therefore important to determine not only that a charge was dismissed, but also whether the dismissal was part of the plea agreement that produced another conviction.

Does Expunging a Dismissed Charge Use Up My Expungement?

No.

N.J.S.A. 2C:52-6 expressly provides that an expungement of a dismissal, acquittal, or discharge under this section does not bar a future expungement.

This is important for someone who is concerned that clearing an arrest that never resulted in conviction will prevent the person from later seeking expungement of another eligible record.

A non-conviction expungement under this provision should therefore not be viewed as “using up” the person’s ability to obtain another expungement.

Whether another record can later be cleared will depend on the statute and eligibility requirements governing that particular matter.

How Are Diversionary Dismissals Treated?

Are PTI, Conditional Discharge, and Conditional Dismissal Treated Differently?

Yes.

These programs can result in dismissal after successful completion, but N.J.S.A. 2C:52-6 establishes a different timing rule for them.

A person whose charges were dismissed after successful completion of Pretrial Intervention, Conditional Discharge, or Conditional Dismissal is generally barred from relief under this section until six months after entry of the dismissal order.

The six-month period is tied to entry of the dismissal order, not merely to the date the individual entered the program or completed a particular condition.

This distinction is important because a diversionary dismissal is still a favorable resolution, but it does not receive precisely the same expungement treatment as an ordinary qualifying dismissal. Learn more about expungement after PTI or conditional discharge.

What About Veterans Diversion?

New Jersey’s Veterans Diversion Program receives separate treatment.

When a charge is dismissed based on an eligible servicemember’s successful participation in Veterans Diversion, N.J.S.A. 2C:52-6 permits the county prosecutor, on behalf of the servicemember, to move for expungement of records relating to the arrest and diversion at the time of dismissal.

If an expungement is not granted at that time, the servicemember may apply afterward.

Accordingly, Veterans Diversion should not simply be placed under the six-month rule governing PTI, Conditional Discharge, and Conditional Dismissal.

What About Mental Health Diversion?

Successful completion of New Jersey’s Mental Health Diversion Program also receives specialized treatment.

An eligible person may move for expungement of records relating to the arrest or charge and diversion at the time the offense is dismissed.

If the expungement is not granted at dismissal, the person may apply afterward.

This is another reason it is important to identify exactly how a criminal matter ended rather than treating every diversionary dismissal alike.

Are There Dismissals That Cannot Be Expunged Under This Provision?

Yes.

In addition to the plea-bargain restriction, N.J.S.A. 2C:52-6 contains a specific limitation involving certain findings concerning mental capacity.

The statute bars relief under this section when the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the charged crime.

This is a narrow statutory exception and should not be confused with an ordinary dismissal based on insufficient evidence, prosecutorial discretion, an acquittal on the merits, or another qualifying termination without conviction.

Does It Matter Whether the Case Was in Municipal Court or Superior Court?

The statute covers qualifying matters from both court systems, but the procedures are not identical.

For proceedings in municipal court, N.J.S.A. 2C:52-6 directs the municipal court to follow procedures developed by the Administrative Director of the Courts.

The fact that a case involved a disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation therefore does not, by itself, prevent a qualifying non-conviction record from receiving relief.

For older cases, the court in which the matter was handled, whether one of the municipal courts in Morris County or the Superior Court in Morristown, can also be useful in locating the disposition and determining whether an expungement was previously entered.

Is an Expungement the Same as Deleting Every Record?

No.

An expungement should not be understood as physically destroying every document or electronic entry that ever existed.

New Jersey’s expungement laws generally require qualifying records to be extracted and isolated from ordinary access. The statutes also recognize circumstances in which expunged information may remain available for specifically authorized purposes.

The legal effect of an expungement is therefore different from literal destruction of every historical record associated with the case.

What If a Background Check Still Shows a Dismissed Case?

The continued appearance of a dismissed matter does not necessarily establish that the person was ineligible for expungement.

Several questions may help identify the issue:

• Was an expungement order ever entered?
• Was the matter actually dismissed, or did another charge result in conviction?
• Was the dismissal part of a plea agreement involving another conviction?
• Did the case involve PTI or another diversionary program?
• Is the information appearing in an official government record or a third-party background database?
• Does the record accurately reflect the final disposition?

Those distinctions can help determine whether an expungement is still needed, whether an existing order should already cover the record, or whether a different issue is causing the information to continue appearing.

What Information Is Helpful When Reviewing an Old Dismissal?

Useful information can include:

• The date of arrest;
• The original charges;
• The court in which the case was handled;
• The final disposition of each charge;
• The date of dismissal or acquittal;
• Whether any charge resulted in conviction;
• Whether dismissed charges were part of a plea agreement;
• Whether PTI or another diversion program was involved;
• Whether an expungement order was previously entered; and
• Where the record is currently appearing.

The exact disposition is especially important. Two cases that are both casually described as “dismissed” can have different expungement consequences depending on how the dismissal occurred.

Morris County Attorneys for Expungement of Dismissed Charges and Arrests

An arrest that does not result in conviction should not automatically be treated the same as a criminal conviction, and New Jersey law provides specific expungement relief for qualifying non-conviction records.

The attorneys at The Tormey Law Firm, led by founding partner Travis J. Tormey, handle expungement matters throughout New Jersey. We can review a dismissed charge, acquittal, old arrest, plea-related dismissal, or diversionary disposition to determine whether the record qualifies for expungement and what procedure applies.

We also handle expungements involving indictable convictions, disorderly persons offenses, juvenile adjudications, PTI and other diversionary programs, marijuana-related records, municipal ordinance violations, Clean Slate applications, and other qualifying New Jersey records.

To discuss an arrest or charge that did not result in conviction and determine whether the associated record can be expunged, contact our Morristown office at (908) 336-5008, call toll-free at 866-949-6948, or use our online contact form to schedule a free consultation.