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Expunging Remanded Charges (Felony to Misdemeanor)

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  • 07-30-2012, 03:42 PM
    korn500089
    Expunging Remanded Charges (Felony to Misdemeanor)
    My question involves criminal records for the state of: New Jersey

    I was originally arrested for 2 Felonies and booked at county jail, both felonies were dropped to two misdemeanors by superior court and then dismissed when sent back to municipal court.

    I am filing out the expungement forms and I am on Form A. I have a quick question; on the petition for Expungement number 2 states: "I was arrested/taken into customer on (date) in (municipality) and charged with (offense). Obviously I put the original charge here.

    Now number 4 states "On (date), the charge of (offense) was dismissed by (name of court)" What do I put here? Do I put the original charges or the charges they were dropped down too as it appears on the municipal dismissal?

    I want to make sure I don't expunge "halfway" or mess it up somehow. I would assume that the misdemeanor charge name and statute go there but I just want to make sure. Has anyone on this forum had a successful expungement in NJ without a lawyer? I don't have money for a lawyer and don't want to be an embarrassment in court!

    Also when arrested at Temporary Restraining Order was put on me but was dropped in court six days later, does anything need to be done with that or does it not show up. Thanks for any/all help in advance!
  • 08-02-2012, 01:15 PM
    Mr. Knowitall
    Re: Expunging Remanded Charges (Felony to Misdemeanor)
    If the form you are looking at is here, it's a bit ambiguous - at first blush it appears to anticipate that the original charge might be different from the charge that was dismissed, but if that were the case I would expect the form to require the NJSA citation both times. If it were me, I would either fill out #4 with both the name and relevant NJSA citation, or add to #2 something to the effect of "This charge was reduced by the Superior Court to [offense], [NJSA#], then reference that reduced charge in #4.

    I don't know anything about the dismissed TRO, so I'm not going to comment on whether or when it might "show up" in a future background search of one form or another.
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