1
Select group*
*Required fields
Jurisdiction
2
Select filters
Record Type
3
Select states and territories to compare
From those matching filter criteria
From those matching filter criteria
4
Review policy summaries across selected States
- Group: Adult, Juvenile
- (-) Adult
- (-) Juvenile
928 resultsUse filters above to refine your results.
| New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | New Jersey | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Clearance policy overview | Records relating to a delinquency matter that was dismissed following a program of supervisory treatment, conditional discharge, or conditional dismissal can be expunged six months after dismissal, so long as the person is not subject to a disqualifying event. N.J. Stat. Ann. § 2C:52-6. | Prosecutors shall dismiss marijuana related charges for offenses that occurred prior to February 22, 2021. N.J. Stat. § 2C:35-23.1(a). | A marijuana related conviction, remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment that is pending in court prior to February 22, 2021, may be vacated. N.J. Stat. § 2C:35-23.1 (b). | Records of specified drug offenses committed before age 21 may be expunged by the court one year after sentence completion for a person without any other drug conviction or violation of probation or parole. N.J. Stat. § 2C:52-5. | Records relating to a conviction for an indictable offense may be expunged by the court five years from the date of his most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later, so long as the person has no other indictable offense convictions and no more than three disorderly person or petty disorderly person convictions. Multiple indictable offenses may be treated as one if listed in a single judgement of conviction or if offenses were "interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time." N.J. Stat. § 2C:52-2(a). | Records relating to a municipal ordinance violations can be expunged by the court two years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, without any prior or subsequent criminal conviction. N.J. Stat. § 2C:52-4. | Records relating to a juvenile delinquency complaint may be vacated and sealed upon petition, so long as two years have elapsed since final discharge from custody or supervision, or since the entry of any other court order not involving custody or supervision, and the person is not subject to a disqualifying event. N.J. Stat. Ann. § 2A:4A-62(a). | A juvenile conviction for a marijuana related offense that occurred prior to February 22, 2021, will be expunged on the first day of the fifth month following that date. N.J. Stat. § 2C:52-6.1. | Records related to an adjudication for delinquent acts which if committed by an adult would constitute a marijuana related offense that occurred prior to the development of a system for sealing records (June 15, 2020), can be expunged after completion of probation/parole or release from incarceration or discharge from legal custody. N.J. Stat. § 2C:52-5.1(a)(1)(a). | Records related to more than one but less than five adjudications that would have constituted disorderly or petty disorderly persons offenses if committed by an adult, can be expunged upon petition so long as the person is not subject to a disqualifying event and at least three but less than five years have elapsed from the most recent adjudication, payment of fine, completion of probation, or release from commitment, whichever is later, and the person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction, and the court finds in its discretion that compelling circumstances exist to grant the expungement N.J. Stat. § 2C:52-3(b), (b)(2). | Records relating to an adjudication of delinquency can be sealed upon petition if the person is enlisted in any branch of the Armed Forces of the United States. N.J. Stat. Ann. § 2A:4A-62(b). | Records relating to an adjudication that would have constituted a crime if committed by an adult can be expunged upon petition, so long as the person is not subject to a disqualifying event and at least 3 years since the final discharge of the person from legal custody or supervision or 3 years have elapsed after the entry of any since the final discharge of the person from legal custody or supervision or three years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the 3 year period N.J. Stat. § 2C:52-4.1(b). | Records relating to only one adjudication that would have constituted a disorderly or petty disorderly persons offense if committed by an adult can be expunged upon petition, so long as the person is not subject to a disqualifying event. N.J. Stat. § 2C:52-4.1(a)(2). | Records relating only more than one but less than five adjudications that would have constituted disorderly or petty disorderly persons offenses if committed by an adult can be expunged upon petition, so long as the person is not subject to a disqualifying event and at least five years have elapsed from the most recent adjudication, payment of fine, completion of probation, or release from commitment, whichever is later. N.J. Stat. § 2C:52-3. | Records relating to an adjudication that would have constituted an ordinance violation if committed by an adult can be expunged upon petition. N.J. Stat. § 2C:52-4.1(a)(3). | The entire record relating to delinquency adjudications can be expunged upon petition, so long as three years have elapsed and the person is not subject to a disqualifying event; periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the three-year period. N.J. Stat. Ann. § 2C:52-4.1(b)(1). | Records relating to a delinquency matter that was dismissed or the person was found not delinquent can be expunged upon dismissal so long as the person is not subject to a disqualifying event. N.J. Stat. Ann. § 2C:52-4.1(c). | Records relating to a disorderly persons or petty disorderly persons conviction may be expunged by the court five years after sentence completion for a person with no indictable offense conviction and no more than five disorderly persons or petty disorderly persons convictions. Multiple offenses may be treated as one if convictions were entered on the same day or offenses were "interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time". N.J. Stat. § 2C:52-3(a), (b). | Records relating to a conviction for prostitution, loitering for the purpose of engaging in prostitution, or a similar local ordinance can be vacated and expunged by the court if the petitioner's participation in the offense was a result of having been a victim of human trafficking. N.J. Stat. § 2C:44-1.1(a)(1). | Records related to a conviction for a marijuana related offense that occurred prior to the development of a system for sealing records (June 15, 2020) can be expunged after completion of probation/parole or release from incarceration or discharge from legal custody. N.J. Stat. § 2C:52-5.1(a)(1)(a). |
| Ineligible Category or Citation | The provisions of N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an expungement pursuant to this subsection. An expungement under this subsection shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. N.J. Stat. § 2C:52-6(a)(2)-(3). | Only the offenses listed in subsection (a) are eligible for relief. N.J. Stat. § 2C:35-23.1(a). | Only the offenses listed in subsection (b) are eligible for relief. N.J. Stat. § 2C:35-23.1(b). | This section applies only to convictions under chapters 35 or 36 of Title 2C for the possession or use of a controlled dangerous substance, violations of 2A:170-77.5, or violations of 2A:170-77.8. This section does not apply to convictions for the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except one ounce or less of marihuana or less than five grams of hashish. N.J. Stat. § 2C:52-5.. | See subsections (b), (c), and (d) for offenses ineligible for expungement. See N.J. Stat. § 2C:52-2. | This provision applies only to violations of municipal ordinances. | A person is ineligible for sealing under this provision if the person has been convicted of a crime, or a disorderly persons offense or adjudged delinquent, during the two years prior to the filing of the motion, or if a proceeding or complaint is pending seeking such conviction or adjudication. N.J. Stat. Ann. § 2A:4A-62(a). | Only the offenses listed in N.J. Stat. § 2C:52-6.1 are eligible for relief. Convictions occurring or pending in court before Feburary 22, 2021, are ineligible to be vacated. | See N.J. Stat. § 2C:52-5.1(a)(1)(a) for ineligible offenses. | Previous criminal conviction or disorderly person offense. See N.J. Stat. § 2C:52-3(b)(2). | There is no statutory language regarding ineligible offenses. | A person is ineligible to expunge the record under this column if the person has been: (a) adjudicated of any prior or subsequent offense; (b) convicted of any prior or subsequent crime; or (c) convicted of a disorderly persons or petty disorderly persons offense on more than two occasions. N.J. Stat. Ann. § 2C:52-2(a). See N.J. Stat. § 2C:52-2. for a list of ineligible offenses. | A person is ineligible to expunge the record under this column if the person has been adjudicated of any prior or subsequent offense or convicted of any prior or subsequent crime. N.J. N.J. Stat. § 2C:52-3. See N.J. Stat. § 2C:52-2 for a list of ineligible offenses. | A person is ineligible to expunge the record under this column if the person has been adjudicated of any prior or subsequent offense or convicted of any prior or subsequent crime. N.J. Stat. § 2C:52-3(b). | A person is ineligible to expunge a record under this provision if the person has been: (a) adjudicated of any prior or subsequent offense or convicted of any prior or subsequent crime; or (b) adjudged a disorderly person or petty disorderly person on more than two occasions. N.J. Stat. § 2C:52-4. | A person is ineligible to expunge a record under this provision if the person has: (a) convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the three years prior to the filing of the petition; (b) a pending proceeding or complaint seeking such a conviction or adjudication; (c) been adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2, (d) had an adult conviction expunged; or (e) ever had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program. N.J. Stat. Ann. § 2C:52-4.1(b). | Any person who has had charges dismissed against him pursuant to a program of supervisory treatment pursuant to N.J.S.2C:43-12, or conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), shall be barred from the relief provided in this section until six months after the entry of the order of dismissal. N.J. Stat. § 2C:52-6(b). Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged. N.J. Stat. § 2C:52-6(d). | This provision applies only to convictions for disorderly persons or petty disorderly persons offenses. See subsection N.J. Stat. § 2C:52-3(a). | This provision applies only to convictions for prostitution and related offenses under section 2C:34-1, loitering for the purpose of engaging in prostitution under section section 2C:34-1.1, or a similar local ordinance. Convictions for murder pursuant to N.J.S.2C:11-3, manslaughter or aggravated manslaughter pursuant to N.J.S.2C:11-4, kidnapping pursuant to N.J.S.2C:13-1, luring or enticing a child pursuant to N.J.S.2C:13-6, and sexual assault pursuant to N.J.S.2C:14-2, are ineligible for expungement under this section. | See N.J. Stat. § 2C:52-5.1(a)(1)(a) for ineligible offenses. |
| Clearance Process | By petition or court's own motion | Automatic | By petition or court's own motion | Petition-based | Petition-based | Petition-based | By petition or court's own motion | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The petition can be filed six months after the entry of the order of dismissal. | There is no waiting period. | There is no waiting period. | The petition can be filed not less than one year after conviction, termination of probation or parole, or discharge from custody, whichever is later. N.J. Stat. § 2C:52-5. | The petition may be filed five years after sentence completion, including payment of any fine. For situations in which the petition may be filed sooner, see N.J. Stat. § 2C:52-2(a). | The petition can be filed two years after the date of conviction, payment of fine, satisfactory completion of probation, or release from incarceration, whichever is later. N.J. Stat. § 2C:52-4. | A petition can be filed when two years have passed since discharge from custody or supervision or since the entry of any other court order not involving custody or supervision. | There is no waiting period. | There is no waiting period. | There is a 3- to 5-year waiting period. | A petition can be filed upon enlistment and acceptance in the Armed Forces. | The waiting period is three years. | A petition can be filed at any time. | A petition can be filed after five years from the date of the petitioner's most recent adjudication, payment of fine, satisfactory completion of probation, or release from placement, whichever is later. However, the waiting period is waivable. For the factors the court will consider in determining whether to waive the five-year waiting period, see section 2C:52-3(b). | A petition can be filed two years from the date of the petitioner's most recent adjudication, payment of fine, satisfactory completion of probation, or release from placement, whichever is later. | A petition can be filed when three years have elapsed since the final discharge from custody or supervision or since the entry of any other court order not involving custody or supervision. For more information on calculating the three-year waiting period, see section 2C:52-4.1(b)(1). | The person can make application at the time of dismissal or finding that the person was not delinquent. If application was not made at the time of dismissal, the person can file a petition at any time. | The petition may be filed not less than five years after sentence completion, including payment of any fine. For situations in which the petition may be filed sooner, see N.J. Stat. § 2C:52-3(b). | The petition must be filed within a reasonable time after the person has ceased to be a victim of human trafficking or has sought services for being a victim of human trafficking, subject to reasonable safety concerns. | There is no waiting period. |
| Fees | Payment of fees is not required. N.J. Stat. § 2C:52-29. | Yes, see N.J. Stat. § 2C:36A-1(d). | No statutory language regarding fees. | No statutory language regarding fees. | There is no fee. See, €¯N.J. Stat. § 2C:52-29.€¯ | No statutory language regarding fees. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | No statutory language regarding fees. | All court ordered financial obligations must be paid. See N.J. Stat. § 2C:52-5.1(a). | Payment of fees is not required. N.J. Stat. § 2C:52-29. | There is no statutory language regarding fees. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | All fees related to a court ordered financial assessment must be paid. See, N.J. Stat. § 2C:52-3(b). | There is no statutory language regarding fees. | All court ordered financial obligations must be paid. See N.J. Stat. § 2C:52-5.1(a). |
| Effect | The court shall forward a copy of the expungement order to the county prosecutor. The county prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S.2C:52-15. N.J. Stat. § 2C:52-6(a)(4). Records are not released or utilized other than for specified purposes.The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in the circumstances specified in section 2C:52-27. | The charges are dismissed. N.J. Stat. § 2C:35-23.1(a). | The convictions are vacated. N.J. Stat. § 2C:35-23.1(b). | Records are not released or utilized other than for specified purposes. The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in circumstances specified in section 2C:52-27. | Records are not released or utilized other than for specified purposes. The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in circumstances specified in section. N.J. Stat. § 2C:52-29(c). | Records are not released or utilized other than for specified purposes. The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in the circumstances specified in section 2C:52-27. | Upon the entry of the order, the proceedings in the case will be sealed and all index references will be marked "not available" or "no record." Law enforcement officers and departments will reply, and the person can reply, to any inquiry that there is no record with respect to such person, except that records can be maintained for purposes of prior offender status, identification, and law enforcement. N.J. Stat. Ann. § 2A:4A-62(d). Any adjudication of delinquency or conviction of a crime subsequent to sealing will nullify the sealing order. N.J. Stat. Ann. § 2A:4A-62(e). | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. | Upon the entry of the order, the proceedings in the case will be sealed and all index references will be marked "not available" or "no record." Law enforcement officers and departments will reply, and the person can reply, to any inquiry that there is no record, except that records can be maintained for purposes of prior offender status, identification, and law enforcement purposes. N.J. Stat. Ann. § 2A:4A-62(d). Any adjudication of delinquency or conviction of a crime subsequent to sealing will nullify the sealing order. N.J. Stat. Ann. § 2A:4A-62(e). Failure to enter the armed forces will nullify the sealing order. N.J. Stat. Ann. § 2A:4A-62(b). | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. | Records are not released or utilized other than for specified purposes. The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in the circumstances specified in section 2C:52-27. | The court shall enter an order vacating the conviction, finding of guilt, or adjudication of delinquency and directing that all court records be revised accordingly, and the court order shall require that any court, law enforcement and correctional agency expunge all references to the person's arrest, charge, complaint, conviction, adjudication of delinquency, or other disposition, and any related proceedings from all records in their custody that relate to the vacated conviction. N.J. Stat. § 2C:44-1.1(d). | Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27. |
| Remedy | Expunge | Dismiss | Vacate | Expunge | Expunge | Expunge | Seal | Expunge | Expunge | Expunge | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge |
