Expungement of an Arrest Record

Mount Holly NJ Expungement Attorney

Were you charged with a criminal offense that was subsequently dismissed? If so, you may still have a criminal arrest record viewable by the public. Most defendants do not realize that a dismissal of their charges does not necessarily clear their record. Instead, the record will still include the initial arrest, indicating that you were charged with and arrested for shoplifting, simple assault, marijuana possession, harassment, etc. If you fail to obtain an expungement of your record the day your charges are dismissed in court, then you will have to file a formal petition for expungement pursuant to N.J.S.A. 2C:52-7. Do not let any unfounded allegations or blatant lies cause damage to your future and reputation. Facing questions during a job interview about charges that were dismissed will not help in obtaining employment.

If you need to clean your record of any arrests, contact the expungement attorneys at Proetta, Oliver & Fay. We assist clients in obtaining expungements of felony crimes, disorderly persons offenses, diversionary programs and municipal ordinances. For an immediate and complimentary consultation, please contact our office directly at (609) 850-8284. We regularly represent clients throughout Burlington County, including Evesham, Mount Laurel, Moorestown, Cinnaminson, Westampton, Pemberton, Willingboro, Maple Shade, Burlington Township and Bordentown.

Can I Expunge My Arrest if the Charges Got Dropped in NJ?

Yes. If you were arrested and charged with a criminal offense that was later dismissed in Municipal Court, you must apply for an expedited expungement at the time of the dismissal. While at Municipal Court, you will be provided, upon request, with appropriate documentation to complete and have forwarded to the Burlington County Superior Court. Once received by the Superior Court, your expungement will be reviewed and entered ex parte. The Superior Court will then transmit a copy of the expungement order to the appropriate court and to the prosecutor. The prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S.A. 2C:52-15.

Failure to apply for the expungement at the time of the dismissal by the Court will require you to file a more formal expungement application. Here, you may file for the expungement at any time after the dismissal but you must present a duly verified petition as provided in N.J.S.A. 2C:52-7 to the Superior Court in the county in which the disposition occurred. This process typically takes longer to complete than the expedited expungement process.

Dismissal v. Diversionary Program Dismissal

As you may be aware, certain diversionary programs like Pretrial Intervention, Conditional Discharge and Conditional Dismissal all offer the prospect of a dismissal upon successful completion of probation. However, expungement of these records is different than an expungement based on an outright dismissal. Diversionary program dismissals can only be expunged after six (6) months have passed since successful completion of the program.

How Many Charges Can I Get Expunged that Were Dismissed?

Infinite. There is no bar to the number of dismissals that your may have expunged from your record. However, you may not file for more than one expungement if the charges were dismissed pursuant to completion of a diversionary program.

Expungement Lawyers in Cinnaminson, New Jersey

It doesn’t take a lawyer to tell you that a criminal record, even for just an arrest, can have a negative impact on your future. With an increasingly more competitive job market, employers are looking for any reason to “weed-out” applicants with any blemish on their records or resumes. Additionally, certain professional boards may deny applicants based on criminal records. If you would like to clean your arrest record from a simple assault charge or shoplifting offense, contact the Burlington County Expungement Lawyers at Proetta, Oliver & Fay. Our office can be reached 24/7 for your convenience and the initial consultation regarding your eligibility is provided free of charge.