Expungement – Mistaken Identity

We were recently approached by a client who has a criminal record they want expunged, but there is a charge on it that is not theirs and would disqualify them from expungement.  There is a solution to this problem. NJSA 2C:52-32.1 is captioned, “Petition for judicial determination of factual innocence for certain victims of identity theft.” The petition is filed in the court where the conviction was entered, even if it is a municipal court.

This petition can be filed where either the perpetrator of the identity theft has been arrested or convicted of the identity theft, the victim has filed a complaint against the perpetrator, or the victim’s identity has been mistakenly associated with a record of conviction.

A court can make the determination of factual innocence may be determined with or without a hearing and can be based upon affidavits, police reports, or other reliable sources of information. If the court makes this determination, it orders that the victim’s name and all identifying information contained in files of courts, law enforcement agencies, and correctional institutions be deleted and sealed.  

This section does not require compliance with the procedures of the expungement statute and does not affect a victim’s ability to apply for an expungement of other criminal offenses under the expungement statute.  

If your criminal record reveals an offense that you did not commit, please call us at 732-741-4448 and we will do our best to help you.