When it comes to arrests, the State is not always successful in convicting individuals on crimes that it charges. As a result, people are acquitted or the charges are dismissed. However, the initial arrest that occurred remains a public record and can surface during background checks. Therefore, it is essential to get an expungement of this arrest. Although unfair, a potential employer, school, or governmental agency will look negatively at an arrest despite the eventual finding of innocence or dismissal of the charges. If you have an arrest on your record, contact the Law Offices of William A. Proetta at (848) 238-2100 to get your record expunged. Feel free to read the following statute highlighting the expungement of arrests not resulting in conviction.
§ 2C:52-6. Arrests not resulting in conviction
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 offense which had been dismissed, or you were found innocent of the charges, you can immediately apply for an expungement in New Jersey. Please contact our Ocean County criminal defense attorneys for assistance at our conveniently located Toms River office or call (848) 238-2100.
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