New Jersey § 53:1-20
Full text of New Jersey New Jersey Statutes § 53:1-20, with citation guidance and answers to common questions.
§ 53:1-20.
a. (1) (i) Any person whose DNA record or profile has been included in the State DNA database
and whose DNA sample is stored in the State DNA databank may apply for expungement
on the grounds that the conviction that resulted in the inclusion of the person's
DNA record or profile in the State database or the inclusion of the person's DNA sample
in the State databank has been reversed and the case dismissed. The person, either individually or through an attorney, may apply to the court for
expungement of the record. A copy of the application for expungement shall be served on the prosecutor for
the county in which the conviction was obtained not less than 20 days prior to the
date of the hearing on the application. A certified copy of the order reversing and dismissing the conviction shall be attached
to an order expunging the DNA record or profile insofar as its inclusion rests upon
that conviction. (ii) Any person whose DNA record or profile has been included in the State DNA database
and whose DNA sample is stored in the State DNA databank may apply for expungement
on the grounds that all charges resulting from the arrest that provided the basis
for inclusion of the person's DNA record or profile in the State database or the inclusion
of the person's DNA sample in the State databank have been dismissed or have been
resolved through an acquittal at trial. The person, either individually or through an attorney, may apply to the court for
expungement of the record. A copy of the application for expungement shall be served on the prosecutor for
the county in which the charge was brought not less than 20 days prior to the date
of the hearing on the application. A certified copy of the order of dismissal shall be attached to an order expunging
the DNA record or profile insofar as its inclusion rests upon the arrest which resulted
in those charges. (2) (i) Any juvenile adjudicated delinquent whose DNA record or profile has been included
in the State DNA database and whose DNA sample is stored in the State DNA databank
may apply for expungement on the grounds that the adjudication that resulted in the
inclusion of the juvenile's DNA record or profile in the State database or the inclusion
of the juvenile's DNA sample in the State databank has been reversed and the case
dismissed. The juvenile adjudicated delinquent, either individually or through an attorney,
may apply to the court for expungement of the record. A copy of the application for expungement shall be served on the prosecutor for
the county in which the conviction was obtained not less than 20 days prior to the
date of the hearing on the application. A certified copy of the order reversing and dismissing the adjudication shall be
attached to an order expunging the DNA record or profile insofar as its inclusion
rests upon that conviction. (ii) Any juvenile whose DNA record or profile has been included in the State DNA database
and whose DNA sample is stored in the State DNA databank may apply for expungement
on the grounds that all charges resulting from the arrest that provided the basis
for inclusion of the juvenile's DNA record or profile in the State database or the
inclusion of the juvenile's DNA sample in the State databank have been dismissed or
have resulted in an acquittal at trial. The juvenile, either individually or through an attorney, may apply to the court
for expungement of the record. A copy of the application for expungement shall be served on the prosecutor for
the county in which the charge was brought not less than 20 days prior to the date
of the hearing on the application. A certified copy of the order of dismissal shall be attached to an order expunging
the DNA record or profile insofar as its inclusion rests upon the arrest which resulted
in those charges. (3) (i) Any person found not guilty by reason of insanity, or adjudicated not delinquent
by reason of insanity, whose DNA record or profile has been included in the State
DNA database and whose DNA sample is stored in the State DNA databank may apply for
expungement on the grounds that the judgment that resulted in the inclusion of the
person's DNA record or profile in the State database or the inclusion of the person's
DNA sample in the State databank has been reversed and the case dismissed. The person, either individually or through an attorney, may apply to the court for
expungement of the record. A copy of the application of expungement shall be served on the prosecutor for the
county in which the judgment was obtained not less than 20 days prior to the date
of the hearing on the application. A certified copy of the order reversing and dismissing the judgment shall be attached
to an order expunging the DNA record or profile insofar as its inclusion rests upon
that conviction. (ii) Any person found not guilty by reason of insanity, or adjudicated not delinquent
by reason of insanity, whose DNA record or profile has been included in the State
DNA database and whose DNA sample is stored in the State DNA databank may apply for
expungement on the grounds that all charges resulting from the arrest that provided
the basis for inclusion of the person's DNA record or profile in the State database
or the inclusion of the person's DNA sample in the State databank have been dismissed
or have been resolved through an acquittal at trial. The person, either individually or through an attorney, may apply to the court for
expungement of the record. A copy of the application for expungement shall be served on the prosecutor for
the county in which the charge was brought not less than 20 days prior to the date
of the hearing on the application. A certified copy of the order of dismissal shall be attached to an order expunging
the DNA record or profile insofar as its inclusion rests upon the arrest which resulted
in those charges. b. Upon receipt of an order of expungement and unless otherwise provided, the division
shall purge the DNA record and all other identifiable information from the State database
and the DNA sample stored in the State databank covered by the order. If the entry in the database reflects more than one conviction or adjudication,
that entry shall not be expunged unless and until the person or the juvenile adjudicated
delinquent has obtained an order of expungement for each conviction or adjudication
on the grounds contained in subsection a. of this section. If one of the bases for inclusion in the DNA database was other than conviction
or adjudication, that entry shall not be subject to expungement.
Frequently Asked Questions About New Jersey § 53:1-20
What does New Jersey Statutes § 53:1-20 cover?
Section 53:1-20 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 53:1-20?
A common citation format is "New Jersey Statutes § 53:1-20" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 53:1-20 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.