NJ Expungements of Juvenile Delinquency Cases | N.J.S.A. 2C:52-4.1

     The following is a copy of New Jersey’s Expungement Laws related to Juvenile Delinquency offenses, N.J.S.A. 2C:52-4.1.

N.J.S.A. 2C:52-4.1 provides the authority to force police and government institutions to remove records of arrests and convictions from an individuals record.  This is most often done to resolve difficulties in background searches related to employment.  

These are guidelines, and are not the end all be all of New Jersey’s expungement law.  This is also not a complete guide to expungements.  For a general guideline to New Jersey’s Expungement Law, please see here.  This page is only related to Indictable Offenses.  This means crimes of the 1st, 2nd, 3rd, and 4th degrees, and not:


      Indictable Crimes, 1st, 2nd, 3rd, and 4th Degree Crimes

      Disorderly Persons, Petty Disorderly Persons

      Municipal Ordinance Offenses

      Youthful Drug Offenses/Crimes

      Dismissals and Not Guilty Verdicts

      

If you believe you may qualify for an expungement, you may attempt to procure one on your own (pro se), a guide and forms are located here.  These are denied far more often than petitions created by an Experienced NJ Expungement Attorney.  If you do not wish to go through hassle and often repeated attempts at navigating our criminal justice system, please call our top NJ Expungement Lawyers today.  


N.J.S.A. 2C:52-6| Expungements for Juvenile Delinquency Cases

a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows:

(1) Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult;

(2) Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or

(3) Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.

For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.

b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:

(1) Five years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c. 77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;

(2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing of the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c. 77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;

(3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;

(4) He has never had an adult conviction expunged; and

(5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.

c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6.

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