Article written by Nathan Mammarella, Esq
Municipal Court Expedited Expungements
New Jersey’s new law shifts the responsibility of expunging records from eligible defendants to Municipal Court Judges
On December 18, 2019, Governor Murphy signed a new law completely revamping New Jersey’s Expungement procedures. As part of that law, N.J.S.A. 2C:52-6 was amended to allow individuals to have dismissals completely and automatically expunged from their criminal history in Municipal Court.
On June 15, 2020, this new law came into effect. Prior to its implementation, eligible defendants had to file expedited expungement paperwork immediately after the dismissal of their case in order to have the record of the charges and arrest removed from their records. However, the new law shifts the responsibility of these records becoming expunged from eligible defendants to the municipal court judges.
Although the new law shifts the responsibility of these matters being expunged to the courts, both the State and Defense will have the opportunity to be heard as to whether the matter is eligible to be automatically expunged. This hearing, if granted, will be limited as to whether the dismissal before the Court is eligible to be automatically expunged. For example, individuals who enter plea agreements that result in a guilty plea to some charges and a dismissal of others will not be eligible for an expedited expungement. Similarly, individuals who have entered an alternative disposition program, such as Conditional Discharge or Conditional Dismissal must still wait six (6) months after their completion of the program before these charges can be expunged.
Contact Rosenberg | Perry & Associates
If you are eligible for an expedited expungement, all records of your arrest, criminal charges, and dismissal will be sealed.
The attorneys at Rosenberg | Perry & Associates are well experienced with the expungement process in New Jersey. If you have questions about your record, the clean slate law or how to expunge your record, please feel free to contact our office for a consultation. We charge a small $75.00 expungement consultation fee. If you elect to hire our office your consultation fee will be applied toward the expungement representation.