Expunging Dismissed Charges, Acquittals, and Diversion Programs in New Jersey

A common misunderstanding about background checks is that only convictions show up. In New Jersey, an arrest that led to nothing, a charge that was dismissed, a not-guilty verdict, and a completed diversion program can all appear on a record and all be read by an employer or landlord as if something happened. New Jersey law lets these be expunged quickly, in some cases immediately. This guide explains the rules.

The short version: charges that ended without a conviction can generally be expunged at any time after the case ends, and the request can often be made at the hearing where the case is dismissed. Diversion programs such as PTI and conditional discharge can be expunged six months after successful completion. Charges dismissed as part of a plea deal follow the conviction they were traded for.

1. Arrests and charges without a conviction

N.J.S.A. 2C:52-6 covers arrests and charges that did not result in a conviction: charges that were dismissed, cases where the person was acquitted, and cases discharged without a finding of guilt. There is no waiting period. The person may apply at any time after the case is over, and since the 2018 amendments to the statute, the request can be made to the judge at the time the case is dismissed or the verdict is entered, so that the expungement order is entered along with the disposition. If that did not happen at the time, a petition can be filed later.

2. Diversion programs: PTI, conditional discharge, conditional dismissal

New Jersey’s diversion programs, Pretrial Intervention in the Superior Court and conditional discharge or conditional dismissal in the municipal courts, end with the charge dismissed if the program is completed successfully. Under N.J.S.A. 2C:52-6, the dismissal can be expunged, but not until six months after the program is completed and the charge is dismissed. The record in the meantime shows the charge and its diversion, which is why many people do not realize it is still visible.

3. Charges dismissed in a plea bargain

When several charges are filed and the person pleads guilty to one in exchange for the others being dismissed, the dismissed charges are not treated as ordinary dismissals. The statute ties them to the conviction: they cannot be expunged on their own, and become expungeable when the conviction they were part of does. That may mean waiting out the ordinary period for that conviction (N.J.S.A. 2C:52-2 or 2C:52-3) or, for a longer record, the Clean Slate ten-year period.

4. Dismissals based on mental incapacity

The statute treats one category differently. A charge dismissed because the person was found not guilty by reason of insanity, or lacked the mental capacity to commit the offense, is not eligible for expungement under this section. An attorney can explain the options in that situation.

5. Why it is worth doing

Once an expungement order is entered, the arrest and the charge are treated as if they had not occurred for most purposes, and the person may answer “no” when asked about them, with limited exceptions for certain government and law enforcement applications (N.J.S.A. 2C:52-27). Private background check companies are required to report accurately, but their databases can lag; the expungement order is the document that corrects them. See our guide to expungement and background checks.

6. Practical points

• Ask at the hearing. If a case is being dismissed, asking the judge for an expungement order at that hearing can save a separate petition later.
• Diversion dates matter. The six months run from the completion and dismissal, not from the date the program started.
• Check the whole record. A dismissed charge is often one line among several. The other lines have their own rules, and one petition can sometimes address several cases.

Sort out your own situation

The free, anonymous eligibility check on our home page asks what is on your New Jersey record, including dismissed charges and diversion programs, and tells you right away whether your record appears eligible. Nothing is stored unless you choose to be contacted.

This guide is general information, not legal advice, and does not create an attorney-client relationship. Statutes change; a licensed New Jersey attorney can tell you how they apply to your record. The text of the statute is published at N.J.S.A. 2C:52-6.