How do I expunge a criminal record in New Jersey?

New Jersey expungement is governed by N.J.S.A. 2C:52-1 et seq., comprehensively reformed by the Clean Slate Act (P.L. 2019, c. 269) and amended by L. 2021, c. 16.

1. Clean Slate Expungement — N.J.S.A. 2C:52-5.3

Allows expungement of entire criminal record (with limited exceptions) after 10 years from completion of last sentence.

No limit on number of convictions.

Must have completed all sentencing terms and have no pending charges.

Eligible offenses include indictable crimes and disorderly persons offenses, except enumerated bars.

2. Standard Waiting Periods (Pre-Clean-Slate Pathway)

Indictable crime (felony): 5-6 years (early pathway with conditions).

Disorderly persons (misdemeanor): 5 years (or 3-year early pathway with conditions).

Multiple offenses: now allowed in single petition under L. 2019.

3. Excluded Offenses (N.J.S.A. 2C:52-2)

Murder, kidnapping, sexual assault, aggravated sexual assault, robbery, arson, terrorism.

Certain weapons offenses, child pornography, perjury, false swearing.

Public officials' offenses involving the office.

4. Cannabis Records — Automatic Expungement

Under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA, 2021), marijuana possession and distribution charges (under newly legalized thresholds) are automatically expunged.

New Jersey courts began processing automatic vacatur and expungement in 2021.

5. Automatic Clean Slate Expungement

Statutorily mandated upon completion of an automated e-filing system being deployed by AOC.

Once operational, eligible records are automatically expunged after the 10-year period.

6. Procedure

File Petition for Expungement in Superior Court of conviction county.

Serve prosecutor, AG, State Police, court clerk, and arresting agency.

Filing fee: $75.

Hearing typically within 35-60 days; uncontested petitions often granted on papers.

This is legal information, not legal advice.