Can I Expunge CDs in New Jersey?
Even though your case may have been dismissed through a conditional discharge (CD), that charge will still remain on your record. To remove that blemish in New Jersey, you must ask the court to expunge it from your record.
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Conditional Discharge
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A conditional discharge is a tool prosecutors use to provide some leniency for younger or first-time offenders. Instead of the defendant pleading guilty, the prosecutor will "discharge" or dismiss the charges under certain conditions for a period of time. Once that time has elapsed with none of the conditions broken, the charge is usually dismissed entirely.
Waiting Period
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In New Jersey, there is a waiting period after the conviction (or in this case, discharge) before you can petition the court for an expungement of your record. The waiting period for expungement of a conditional discharge is six months.
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Other Factors
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Most expungements are discretionary, it is up to the court whether or not to grant them. In New Jersey, some factors considered could be criminal history, payment of fines and previous expungements.
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References
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