Can my petition for expungement in NJ be denied?

A: Yes, it can, under certain circumstances.  It can, and will, be denied, when:

1. Any prerequisite for expungement has not been met;
2. There is an objection to the petition where the objector proves that the need for the availability of the criminal records outweighs the desirability of your being freed from the "black mark" of the charge or conviction;
3. Where it is an arrest not resulting in conviction, where the acquittal, discharge, or dismissal of the charges were as a result of a plea bargain involving a conviction on other charges (unless the conviction itself has been expunged);
4. Where the arrest or conviction is associated with a civil suit brought against you by the state or any of its agencies;
5. Where you have had a previous criminal conviction expunged, unless you are seeking expungement of an ordinance violation or an arrest not resulting in a conviction; or
6. You have had, prior or subsequent to the conviction, been granted the dismissal of other criminal charges following the completion of a supervisory treatment or other diversion program.

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