Arrests Not Resulting in Conviction

In our legal system, a defendant is innocent until proven guilty. The State must prove, beyond a reasonable doubt, that the underlying criminal offense was committed. The State is not always successful in meeting this standard. As a result, individuals are sometimes acquitted or the charges are dismissed by the State because the charges are not sustainable. However, the arrest is still a public record and can surface during background checks and the like. Therefore, it is essential to get an expungement of this arrest. Although it doesn’t seem right, a potential employer or school will look negatively at an arrest despite the eventual finding of innocence or dismissal of the charges. If you or a loved one has an arrest on your record, contact The Moriarty Law Firm immediately for a free initial consultation regarding a petition for expungement. We can be reached at (732) 842-7773 or by email 24 hours a day.

N.J.S.A. 2C:52-6 governs the expungement of an arrest not resulting in conviction and reads in pertinent part:

a. In all cases, except as herein provided, wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged.

b. Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, ? 27 (C. 24:21-27) or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.

c. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.

Therefore, if you were arrested and charged with a criminal defense which was ultimately dismissed or you obtained an acquittal at trial, you can immediately apply for an expungement in New Jersey. Please contact our criminal defense attorneys for assistance.