Legal Question in Criminal Law in New Jersey

Arrest, no charges

I had a mishap in a relationship, was arrested in 2003. There were no charges filed. Is this arrest on any type of record for background checks? Can it be cleared?


Asked on 6/16/09, 1:02 pm

5 Answers from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

Re: Arrest, no charges

Thousands of citizens in New Jersey over the past 20 years have been arrested for criminal, disorderly, and municipal ordinance offenses. They may include your neighbors, friends and loyal church goers. The police keep a record of all arrests and convictions, even if 20 years old. These "secrets of the past" will soon be open to anyone in New Jersey including credit agencies. Under a proposal by the New Jersey Attorney General, for a $15.00 fee, anybody could ask the state police for a person's criminal record, even arrests with not guilty findings. Allowing access to a person's old criminal conviction or arrest record could open the door for discrimination against someone who now is a productive, respected, and law abiding citizen.

Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged' erased under certain instances. For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record. If you plead guilty to a town ordinance (ex. - Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances. In addition, minor drug arrests which resulted in first offender conditional discharge can be erased if one year has passed since termination of probation or conclusion of court proceedings.

To read entire article, go to http://www.njlaws.com/expungement.htm

Read more
Answered on 6/22/09, 4:53 pm
david bildner bildner law firm

Re: Arrest, no charges

If you were arrested, there is probably a record of it. It will probably show up on any background check for a job or for security clearance, etc.

If it did not result in a prosecution, you are probably eligible to have it removed from your record through a process called expungement. I do not recommend you try this yourself, because there are a lot of steps involved and if you make any mistakes, it will not work. I suggest you call a lawyer. If you want to discuss it with me, my number is 877/688/3879

Read more
Answered on 6/16/09, 1:18 pm
Gary Moore Gary Moore Attorney At Law

Re: Arrest, no charges

If the police took you into custody, but did not fingerprint, photograph or

charge you with an offense, there would be no record to expunge.

Gary Moore

Read more
Answered on 6/16/09, 1:27 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Arrest, no charges

For most people, its not that big of a deal. For others, it is. You can get it taken off of your record. Call me at 732/247/3340 to discuss.

Read more
Answered on 6/16/09, 1:48 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Arrest, no charges

If you were arrested you will have an arrest record. An arrest record can be expunged. I am an attorney who has handled many cases similar to yours in various courts throughout NJ in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

Read more
Answered on 6/16/09, 2:22 pm


Related Questions & Answers

More Criminal Law questions and answers in New Jersey