New Jersey (NJ) — Expungement & Record Clearing

Remedy

Expungement of arrests not resulting in conviction (N.J.S.A. 2C:52-6)

Waiting period

None for ordinary dismissals and acquittals (ordered at disposition, or by petition any time afterward); 6 months after the dismissal order if charges were dismissed through supervisory treatment (PTI), conditional discharge or conditional dismissal.

When charges are dismissed, the person is acquitted, or the person is discharged without a conviction or finding of guilt, the law directs the Superior Court to order expungement of the arrest records at the time of the dismissal, acquittal or discharge (municipal court matters follow procedures set by the Administrative Director of the Courts). If that did not happen, the person may file a verified petition at any time after the case ends. Charges dismissed after pretrial intervention (supervisory treatment), conditional discharge or conditional dismissal cannot be expunged until six months after the dismissal order.

• ✗Dismissal, acquittal or discharge that resulted from a plea bargain involving conviction of other charges (until that conviction is itself expunged)
• ✗Dismissal, discharge or acquittal based on a finding that the person was insane or lacked mental capacity
• ✗Diversion-based dismissals (PTI, conditional discharge, conditional dismissal) must wait 6 months

Source: N.J.S.A. 2C:52-6 (NJ Legislature statutes database) (§ 2C:52-6(a); § 2C:52-6(a)(1); § 2C:52-6(b); § 2C:52-6(c)(1); +2 more)

Remedy

Expungement of disorderly persons / petty disorderly persons offenses (N.J.S.A. 2C:52-3); "clean slate" expungement by petition (N.J.S.A. 2C:52-5.3); municipal ordinance violations (N.J.S.A. 2C:52-4)

Waiting period

5 years from the latest of the most recent conviction, payment of any court-ordered financial assessment, completion of probation or parole, or release from incarceration; possible after at least 3 years if the court finds compelling circumstances. (10 years for the "clean slate" petition route.)

A person with no conviction for a crime may petition to expunge up to five disorderly persons and/or petty disorderly persons convictions (or more if they were entered on the same day or were closely related), generally 5 years after the latest of the most recent conviction, payment of court-ordered fines/fees/restitution, completion of probation or parole, or release from incarceration. A court may grant expungement after at least 3 years if it finds compelling circumstances. Unpaid financial assessments do not automatically block relief when nonpayment was not willful (the court converts the balance to a civil judgment). People who also have a crime conviction apply under the indictable-offense section instead, and those with too many convictions may use the 10-year "clean slate" petition. Municipal ordinance violations have a 2-year wait.

• ✗More than five disorderly/petty disorderly persons convictions (unless same-day or closely related; otherwise the 10-year clean slate petition)
• ✗Person who also has a crime conviction must use N.J.S.A. 2C:52-2
• ✗Prior expungement of a criminal conviction generally bars a new petition (exceptions, including clean slate)
• ✗Pending criminal or disorderly persons charges

Sources: N.J.S.A. 2C:52-3 (NJ Legislature statutes database) (§ 2C:52-3(b); § 2C:52-3(b)(2); § 2C:52-3(a)(2)); N.J.S.A. 2C:52-2 (NJ Legislature statutes database) (§ 2C:52-2(a)(2)); N.J.S.A. 2C:52-4 (NJ Legislature statutes database) (§ 2C:52-4); N.J.S.A. 2C:52-5.3 (NJ Legislature statutes database) (§ 2C:52-5.3(a); § 2C:52-5.3(b)); N.J.S.A. 2C:52-14 (NJ Legislature statutes database) (§ 2C:52-14(e)); N.J.S.A. 2C:52-8 (NJ Legislature statutes database) (§ 2C:52-8(a))

Remedy

Expungement of indictable offenses / crimes (N.J.S.A. 2C:52-2); "clean slate" expungement by petition (N.J.S.A. 2C:52-5.3)

Waiting period

5 years from the latest of the most recent conviction, payment of any court-ordered financial assessment, completion of probation or parole, or release from incarceration; possible after at least 4 years if the court finds compelling circumstances; 10 years for a "clean slate" petition.

A person may petition to expunge one crime (alone or with up to three disorderly persons offenses), multiple crimes listed in a single judgment of conviction, or multiple closely related crimes committed in a short period, generally 5 years after the latest of the most recent conviction, payment of court-ordered financial assessments, completion of probation or parole, or release from incarceration; a court may grant it after at least 4 years if it finds compelling circumstances. Serious crimes listed in the statute (e.g., criminal homicide other than death by auto, kidnapping, sexual assault, robbery, arson, perjury, terrorism) can never be expunged, and most drug-sale convictions are barred except small marijuana/hashish amounts or third/fourth-degree convictions where the court finds compelling circumstances. People not otherwise eligible (for example, with more convictions) may file a "clean slate" petition 10 years after the latest of those same events, if none of their convictions is a barred crime.

• ✗Criminal homicide (except death by auto and strict liability vehicular homicide)
• ✗Kidnapping, luring or enticing, human trafficking
• ✗Sexual assault / aggravated sexual assault, aggravated criminal sexual contact, and criminal sexual contact where the victim is a minor
• ✗Robbery; arson and related offenses
• ✗Certain child endangerment and child sexual exploitation offenses
• ✗Perjury and false swearing; terrorism
• ✗Crimes by public officials that involved or touched their office
• ✗Sale/distribution of CDS or possession with intent to sell, except small marijuana/hashish amounts or 3rd/4th-degree convictions with compelling circumstances
• ✗Prior expungement of a criminal conviction (except clean slate route); pending charges

Sources: N.J.S.A. 2C:52-2 (NJ Legislature statutes database) (§ 2C:52-2(a); § 2C:52-2(a)(2); § 2C:52-2(b); § 2C:52-2(c); +2 more); N.J.S.A. 2C:52-5.3 (NJ Legislature statutes database) (§ 2C:52-5.3(a); § 2C:52-5.3(b)); N.J.S.A. 2C:52-14 (NJ Legislature statutes database) (§ 2C:52-14(e)); N.J.S.A. 2C:52-8 (NJ Legislature statutes database) (§ 2C:52-8(a))

Remedy

Not eligible: DWI is a Title 39 motor vehicle offense (N.J.S.A. 39:4-50), and N.J.S.A. 2C:52-28 excludes Title 39 offenses from the expungement chapter

Waiting period

No single period — see the conditions below

In New Jersey, driving while intoxicated is defined in Title 39 (the motor vehicle law, N.J.S.A. 39:4-50), not in the Code of Criminal Justice. The expungement chapter states that nothing in it applies to arrests or convictions for motor vehicle offenses contained in Title 39, so a DWI cannot be expunged under N.J.S.A. 2C:52.

• ✗All Title 39 motor vehicle offenses, including DWI under N.J.S.A. 39:4-50

Sources: New Jersey Cannabis Regulatory Commission — DUI statute (Cannabis and the Law in New Jersey); N.J.S.A. 2C:52-28 (NJ Legislature statutes database) (§ 2C:52-28)

Remedy

Expungement under N.J.S.A. 2C:52-2 (crimes) or 2C:52-3 (disorderly persons offenses); young drug offender expungement (N.J.S.A. 2C:52-5); Recovery Court expungement (N.J.S.A. 2C:35-14(m)); marijuana/hashish expungement by operation of law (N.J.S.A. 2C:52-6.1), by petition (N.J.S.A. 2C:52-5.1) and sealing (N.J.S.A. 2C:52-5.2)

Waiting period

5 years for a typical third-degree possession crime (at least 4 with compelling circumstances); 1 year for eligible offenders who were 21 or younger; on successful discharge from Recovery Court special probation; none for qualifying marijuana/hashish cases.

Possession of most controlled dangerous substances (Schedules I–IV) is a third-degree crime, so it follows the indictable-offense rules (generally 5 years; 4 with compelling circumstances). A person who was 21 or younger at the time of a possession/use offense may apply after 1 year if they have no other criminal convictions or prior diversion. Recovery Court (special probation) graduates may have their whole Title 2C record expunged on successful discharge, free of charge, unless it includes a barred offense. For marijuana/hashish: older cases consisting solely of certain marijuana/hashish possession or small-quantity distribution offenses were expunged by operation of law under the 2021 decriminalization law; other qualifying marijuana/hashish cases can be expunged by petition at any time, which the court must immediately grant; and later qualifying dispositions are subject to a court sealing (nondisclosure) order.

• ✗Young-offender route unavailable with any other criminal conviction, prior/subsequent drug offense, or prior diversion dismissal
• ✗Recovery Court expungement unavailable if the record includes an offense barred under 2C:52-2(b) or (c)
• ✗Automatic marijuana expungement applied only to cases consisting solely of the listed marijuana/hashish offenses

Sources: N.J.S.A. 2C:35-10 (NJ Legislature statutes database) (§ 2C:35-10(a)(1)); N.J.S.A. 2C:52-2 (NJ Legislature statutes database) (§ 2C:52-2(a); § 2C:52-2(a)(2)); N.J.S.A. 2C:52-5 (NJ Legislature statutes database) (§ 2C:52-5); N.J.S.A. 2C:35-14 (NJ Legislature statutes database) (§ 2C:35-14(m)(1); § 2C:35-14(m)(2)); N.J.S.A. 2C:52-6.1 (NJ Legislature statutes database) (§ 2C:52-6.1); NJ Cannabis Regulatory Commission, "Automatic Expungement of Marijuana Record" (PDF) (Flyer text); N.J.S.A. 2C:52-5.1 (NJ Legislature statutes database) (§ 2C:52-5.1(a)(1); § 2C:52-5.1(c)(2)); N.J.S.A. 2C:52-5.2 (NJ Legislature statutes database) (§ 2C:52-5.2(a)(1))

Remedy

Expungement of juvenile delinquency adjudications and charges (N.J.S.A. 2C:52-4.1)

Waiting period

3 years after final discharge from custody or supervision (entire-record route); otherwise the adult waiting period for the equivalent offense.

Individual juvenile adjudications can be expunged under the adult rules according to how the act would be classified if committed by an adult. Alternatively, the entire juvenile record can be expunged if 3 years have passed since final discharge from custody or supervision, there were no new convictions or adjudications in the 3 years before filing and nothing is pending, the person was never adjudicated for an act that would be a non-expungeable crime, has never had an adult conviction expunged, and has never had adult charges dismissed through diversion. Dismissed juvenile charges can be expunged under the non-conviction rules. Juvenile marijuana/hashish adjudications were included in the 2021 expungement by operation of law.

• ✗Any adjudication for an act that would be a non-expungeable crime if committed by an adult
• ✗Prior adult conviction expunged
• ✗Prior adult charges dismissed via supervisory treatment or diversion (entire-record route)

Sources: N.J.S.A. 2C:52-4.1 (NJ Legislature statutes database) (§ 2C:52-4.1(a); § 2C:52-4.1(b)(1); § 2C:52-4.1(b)(2); § 2C:52-4.1(b)(3); +2 more); N.J.S.A. 2C:52-6.1 (NJ Legislature statutes database) (§ 2C:52-6.1)