New Jersey Clean Slate Law: Automatic Expungement (2026)

Is it operating yet?

Automated clean slate (N.J.S.A. 2C:52-5.4): enacted but NOT operating. The statute sets no start date; the Clean Slate Task Force submitted its report to the Legislature on April 28, 2022; and the sponsor's statement on Assembly Bill A5095 (introduced May 14, 2026) says that "to date, the automated process still does not yet exist" and that eligible people "must still file a petition with the court." As of 2026-10-12, A5095 and its Senate counterpart S4270 show only introduction and referral to the Judiciary committees. Until the automated process is established, people use the 10-year clean slate petition (N.J.S.A. 2C:52-5.3). Marijuana/hashish expungement by operation of law (N.J.S.A. 2C:52-6.1): already in effect; the state Cannabis Regulatory Commission tells people that qualifying records are automatically expunged.

Sources: N.J.S.A. 2C:52-5.4 (NJ Legislature statutes database) (§ 2C:52-5.4(a)(1)); The Clean Slate Task Force Report (NJ State Library digital repository) (Title page); Assembly Bill A5095 (2026–2027 session), sponsor's statement (Statement, first paragraph); NJ Legislature bill history, A5095 (2026 session) (Bill history (ActionDate 5/14/2026)); NJ Legislature bill history, S4270 (2026 session) (Bill history (ActionDate 5/14/2026)); N.J.S.A. 2C:52-5.3 (NJ Legislature statutes database) (§ 2C:52-5.3(d)); NJ Cannabis Regulatory Commission, "Automatic Expungement of Marijuana Record" (PDF) (Flyer text)

The law

P.L.2019, c.269 was approved December 18, 2019. Its section 8 (the automated "clean slate" process and task force, codified at N.J.S.A. 2C:52-5.4) and the fee repeal took effect immediately; the remaining sections, including the 10-year clean slate petition (N.J.S.A. 2C:52-5.3), took effect on the 180th day after enactment. P.L.2021, c.19 was approved February 22, 2021; N.J.S.A. 2C:52-6.1 applies "on the first day of the fifth month next following" the effective date of that law.

Sources: P.L.2019, c.269 (S4154) (official chapter law PDF) (Approval line; § 18 (effective dates)); P.L.2021, c.19 (A1897) (official chapter law PDF) (§ 21 and approval line); N.J.S.A. 2C:52-6.1 (NJ Legislature statutes database) (§ 2C:52-6.1)

What automatic expungement does

The 2019 law directs the State to build an automated process that would make all of a person's convictions inaccessible to the public "through sealing, expungement, or some equivalent process" after 10 years, but that process has not been built (see implementation). The separate 2021 marijuana law expunged qualifying older marijuana/hashish cases by operation of law and vacated any remaining sentence, supervision or unpaid financial assessment. An expungement means the arrest, conviction and related proceedings are deemed not to have occurred, with exceptions.

Sources: N.J.S.A. 2C:52-5.4 (NJ Legislature statutes database) (§ 2C:52-5.4(a)(1)); N.J.S.A. 2C:52-5.3 (NJ Legislature statutes database) (§ 2C:52-5.3(a)); N.J.S.A. 2C:52-6.1 (NJ Legislature statutes database) (§ 2C:52-6.1); N.J.S.A. 2C:52-27 (NJ Legislature statutes database) (§ 2C:52-27 (introductory paragraph))

Records covered and waiting periods

How to check whether your record was cleared

• Marijuana cases: the Cannabis Regulatory Commission says no action is needed, but a person who wants confirmation can request a certification of expungement from the court using the Judiciary's form, returned in person with photo ID.

  Source: NJ Cannabis Regulatory Commission, "Automatic Expungement of Marijuana Record" (PDF) (Flyer text; Flyer text, Step 4)

• Petition-based expungements: the NJ State Police must maintain a free online portal where a person who has been granted an expungement order can check the status of its processing by the State Bureau of Identification.

  Source: N.J.S.A. 2C:52-15.1 (NJ Legislature statutes database) (§ 2C:52-15.1(a))

• Automated clean slate: there is nothing to check yet because the automated process does not exist; anyone eligible must file a petition.

  Source: Assembly Bill A5095 (2026–2027 session), sponsor's statement (Statement, first paragraph)

Who can still see a cleared record

• A person must still disclose expunged records when seeking employment in the judicial branch or with a law enforcement or corrections agency.

  Source: N.J.S.A. 2C:52-27 (NJ Legislature statutes database) (§ 2C:52-27(c))

• Expunged records must be provided to courts, prosecutors, Probation, pretrial services and the Attorney General for bail/pretrial release, presentence reports and sentencing, and to the Parole Board for parole decisions.

  Sources: N.J.S.A. 2C:52-21 (NJ Legislature statutes database) (§ 2C:52-21); N.J.S.A. 2C:52-22 (NJ Legislature statutes database) (§ 2C:52-22)

• The Superior Court may allow inspection of expunged records on a motion showing good cause and compelling need.

  Source: N.J.S.A. 2C:52-19 (NJ Legislature statutes database) (§ 2C:52-19)

• Sealed marijuana/hashish records may be kept for prior-offender status, identification and law enforcement purposes; the automated clean slate process is to restore records if the person is later convicted of a crime.

  Sources: N.J.S.A. 2C:52-5.2 (NJ Legislature statutes database) (§ 2C:52-5.2(d)); N.J.S.A. 2C:52-5.4 (NJ Legislature statutes database) (§ 2C:52-5.4(a)(2))

If automatic relief does not cover your record

A person not otherwise eligible under the regular expungement sections may file a "clean slate" expungement petition in Superior Court (county of residence or a county of conviction) 10 years after the latest of the most recent conviction, payment of court-ordered financial assessments, completion of probation or parole, or release, as long as no conviction is for a barred crime; it can cover all convictions and is available even if the person had a prior expungement. Unpaid assessments (not willful) do not block it; the court enters a civil judgment for the balance. Petitions are filed through the Judiciary's electronic filing system, and no filing fee is charged. Once the automated process is established, new clean slate petitions will no longer be accepted and pending ones become moot.

Sources: N.J.S.A. 2C:52-5.3 (NJ Legislature statutes database) (§ 2C:52-5.3(a); § 2C:52-5.3(b); § 2C:52-5.3(c)(1); § 2C:52-5.3(d)); N.J.S.A. 2C:52-10.1 (NJ Legislature statutes database) (§ 2C:52-10.1(a)(1)); N.J.S.A. 2C:52-29 (NJ Legislature statutes database) (§ 2C:52-29); N.J.S.A. 2C:52-5.4 (NJ Legislature statutes database) (§ 2C:52-5.4(a)(3))

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