Criminal/ Municipal Court Directive - Expungement Order (CN 12621) - Expungement of Arrests Not Resulting in Conviction or Adjudication of Delinquency (N.J.S.A. 2C:52-6)
Court Directive June 29, 2020
This Supplement to Directive #02-16 promulgates new procedures to expunge arrests not resulting in conviction or adjudication of delinquency and a new expungement order (CN 12621) for use in Criminal, Family, and Municipal Courts in accordance with the statutory amendments to N.J.S.A. 2C:52-6, effective June 15, 2020. See 1=2019, c. 269.
Specifically, the court is required to order an expungement of all related records and information at the time of the dismissal, acquittal, or discharge without a conviction or adjudication of delinquency (including juvenile diversion). The defendant or juvenile is no longer required under the law to apply for an expungement of these matters.
Accordingly, this supplement supersedes the guidance contained in section II ("Expungements of Arrests Not Resulting in Conviction (N.J.S.A. 2C:52-6)") of Directive #02-16 ("Protocol for 'Drug Court' Expungements (N.J.S.A. 2C:35-14(m)) and Arrests Not Resulting in Conviction (N.J.S.A. 2C:52-6)" (dated May 23, 2016) and in the separate May 23, 2016 memorandum applicable to the Municipal Courts ("Municipal Courts - Expedited Expungement of Arrest or Charge Records -Amendment to N.J.S.A. 2C:52-6
To effectuate these statutory changes, designated staff in Criminal, Family, and Municipal Courts will complete the attached expungement order for the judge's signature as soon as practicable after the court grants the expungement. Staff will then forward copies of the signed expungement order to the defendant (or the juvenile and the juvenile's parent/guardian), the appropriate Superior Court or Municipal Court, and the county prosecutor. The county prosecutor is responsible for forwarding the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order (N .J.S.A. 2C:52-6(a)(4)).
An expungement will not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges (N.J.S.A. 2C:52-6(a)(3)). This bar does not apply once the conviction is itself expunged.
Upon a service member or former service member's successful participation in a Veterans Diversion Program (N.J.S.A. 2C:43-23 to -26), the court can order the expungement at the time of the dismissal of the charge(s) on the service member's request or the request of the prosecutor on the service member's behalf. If the court did not order the expungement at the time of the dismissal, the service member may subsequently apply for expungement at any time following the order of dismissal. N.J.S.A. 2C:52-6(c)(2).
Additionally, the recent statutory amendments did not change the process for charges that are dismissed in accordance with a supervisory treatment program (N.J.S.A. 2C:43-12), a conditional discharge (N.J.S.A.2C:36A-1), or a conditional dismissal (N.J.S.A.2C:43-13.1). Inthoseinstances,theindividualmustwaitsixmonthsafterentry ofthedismissalorderbeforeapplyingforanexpungement. N.J.S.A.2C:52-6(c).
Individuals seeking an expungement of an arrest or charge not resulting in a conviction or adjudication of delinquency that was disposed of prior to June 15, 2020 may present,at any time, a duly verified petition as provided in N.J.S.A. 2C:52-7, in the Superior Court in the county in which the disposition occurred.
Any such application should be assigned to the Superior Court judge designated to handle expungements.
Questions regarding this Supplement to Directive # 02-16 should be directed to the Criminal Practice Division at 609-815-2900 ext. 55300, the Family Practice Division at 609-815-2900 ext. 55350, or the Municipal Court Services Division at 609-815-2900 ext. 54850.
