Record relief: New Jersey has two main paths to expungement of convictions: one is via petitions filed in court, and the other is a newly authorized “clean slate” authority that will eventually be automatic. Petition-based expungement of a single “indictable” offense (felony) is authorized five years after completion of sentence, and of up to three additional “disorderly persons” offenses (misdemeanors) after a 5-year waiting period running from the last conviction. The waiting period may be reduced to three years if the person is seeking expungement only for disorderly offenses. A prior expungement is disqualifying, as is having more than one indictable offense conviction or more than three disorderly offense convictions, but a prior conviction is not. Most serious and violent offenses, offenses by public officials, and serious drug offenses are ineligible for expungement. An e-filing system was authorized in 2019 and is scheduled to launch in mid-2020.
Deferred adjudication leading to expungement is broadly available, and expungement by petition is also authorized for successful completion of drug court, prostitution by victims of human trafficking, and pardoned convictions.
The second path to expungement is styled “clean slate” and authorizes automatic expungement of eligible convictions ten years after completion of the last sentence (same eligibility criteria as petition-based expungement). Pending development of an automated delivery system, individuals may apply to the court and relief is mandatory upon a determination of eligibility. Also, a range of marijuana convictions are subject to automatic sealing and/or expungement.
Arrest and other non-conviction records are expunged automatically at time of disposition (the requirement of a petition having been repealed in 2019). Juvenile records may be expunged after a three-year waiting period with no subsequent adjudications or convictions.
Judicial/administrative certificates: The sentencing court and supervisory authority are authorized to issue certificates evidencing rehabilitation that “suspends certain disabilities, forfeitures or bars to employment or professional licensure.” A certificate may be awarded by the court at sentencing if the person has only one conviction and is not sentenced to prison, or by the supervisory authority three years after completion of supervision if the person has no other conviction within ten years.
