Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	A record relating to a misdemeanor for domestic violence can be annulled by the court three years after sentence completion, if the criteria are met. N.H. Rev. Stat. § 651:5 (III)(h), (VI).	A record relating to a class A misdemeanor for a drug offense can be annulled by the court two years after sentence completion, if criteria are met. N.H. Rev. Stat. § 651:5 (III)(i), (VI).	Records relating to a felony or Class A misdemeanor can be annulled upon the successful completion of a period of conditional discharge. N.H. Rev. Stat. § 651:2 (VI-b).	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 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).	A person who is convicted of one or more crimes, or one or more disorderly persons, or petty disorderly persons offenses, and who is not otherwise eligible to obtain an expungement under any other section of chapter 52 of Title C of the New Jersey Statutes, can have their record expunged. N.J. Stat. § 2C:52-5.3.	Records relating to criminal offenses that were discharged after successful completion of a special probation may be expunged by the court. N.J. Stat. § 2C:35-14(m)(5).	Records relating to criminal offenses that were discharged after successful completion of a special probation may be expunged by the court 10 years after completion of the special probation. N.J. Stat. § 2C:35-14(m)(6).	Records related to an arrest and charge are expunged six months after case dismissal following supervisory treatment, conditional discharge, or conditional dismissal program. N.J. Stat. § 2C:52-6(c).	Records of an arrest that are dismissed following an eligible servicemember's successful participation in a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), can be expunged at time of dismissal. N.J. Stat. § 2C:52-6(a)(6), (c)(2).	Records of an arrest and conviction containing the name of an identity theft victim as the perpetrator of a crime can be deleted, sealed, labeled, or corrected to remove the name of such victim. N.J. Stat. § 2C:52-32.1.	Records related to an arrest and charge not resulting in a conviction are ordered expunged at the time of dismissal, acquittal, or discharge. N.J. Stat. § 2C:52-6.	Records relating to an offense that is no longer a crime pursuant to the provisions of the Cannabis Regulation Act, or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, shall be expunged. N.M. Stat. Ann. § 29-3A-9(a).	Records relating to a conviction of a violation of a municipal ordinance, misdemeanor, or felony, following the completion of the person's sentence and the payment of any fines or fees owed for the conviction, may petition the district court for an order to expunge arrest records and public records related to that conviction after two to ten years. N.M. Stat. Ann. § 29-3A-5(a).
Ineligible Category or Citation	This provision applies only to misdemeanor convictions under section 173-B:1.	This provision applies only to class A misdemeanor convictions under section 318-B:26 (II)(d) and (e).	See section 651:2 (VI)-(VIII) for information on conditional discharge.	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.	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.	See N.J. Stat. § 2C:52-5.3 for ineligible offenses.	Offenses specified in sections 2C:52-2(b) and (c) or who has been convicted of any crime or offense since the date of discharge from special probation are ineligible for expungement. Additionally, no application for expungement shall be considered until any pending charges are disposed. N.J. Stat. § 2C:35-14(m)(5).	Offenses specified in sections 2C:52-2(b) and (c) or who has been convicted of any crime or offense since the date of discharge from special probation are ineligible for expungement. Additionally, no application for expungement shall be considered until any pending charges are disposed. N.J. Stat. § 2C:35-14(m)(6).	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).	See N.J. Stat. § 2C:52-6(a)(2)-(3) for ineligible offenses.	There is no statutory language regarding ineligible offenses.	See N.J. Stat. § 2C:52-6(a)(2)-(3) for ineligible offenses.	Only an offense that is no longer a crime pursuant to the provisions of the Cannabis Regulation Act, or that would have resulted in a lesser offense if that act had been in effect at the time of the offense, is eligible. N.M. Stat. Ann. § 29-3A-9(a).	The provisions of Subsection A of this section do not apply to an offense committed against a child, an offense that caused great bodily harm or death to another person, a sex offense as defined in Section 29-11A-3 NMSA 1978, embezzlement pursuant to Section 30-16-8 NMSA 1978 or an offense involving driving while under the influence of intoxicating liquor or drugs. N.M. Stat. Ann. § 29-3A-59(G).
Clearance Process	Petition-based	Petition-based	Petition-based	Automatic	By petition or court's own motion	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	By petition or court's own motion	By petition or court's own motion	Petition-based	By petition or court's own motion	Automatic	Petition-based
Waiting Periods	The petition can be filed three years after sentence completion.	The petition can be filed two years after sentence completion.	The petition can be filed after the successful completion of the conditional discharge.	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.	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.	There is a 10-year waiting period.	There is no statutory language regarding a waiting period.	The record may be expunged 10 years after completion of special probation. N.J. Stat. § 2C:35-14(m)(6).	The record can be expunged six months after the entry of the order of dismissal.	Any time following the order of dismissal if an expungement was not granted at the time of dismissal. N.J. Stat. § 2C:52-6(c)(2).	There is no statutory language regarding a waiting period.	There is no statutory language regarding a waiting period.	There is no waiting period.	There is a 2- to 10-year waiting period.
Fees	The Department of Corrections will charge the petitioner a fee of $100, unless the petitioner demonstrates that they are indigent. The Department of Safety will charge the successful petitioner a fee of $100 for researching and correcting the criminal history record, unless the petitioner demonstrates that they are indigent. N.H. Rev. Stat. § 651:5 (IX).	The Department of Corrections will charge the petitioner a fee of $100, unless the petitioner demonstrates that they are indigent. The Department of Safety will charge the successful petitioner a fee of $100 for researching and correcting the criminal history record, unless the petitioner demonstrates that they are indigent. N.H. Rev. Stat. § 651:5 (IX).	The Department of Corrections charge the petitioner a fee of $100, unless the petitioner demonstrates that they are indigent. The Department of Safety will charge the successful petitioner a fee of $100 for researching and correcting the criminal history record, unless the petitioner demonstrates that indigent. N.H. Rev. Stat. § 651:5 (IX).	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.	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).	All court ordered financial obligations must be paid. N.J. Stat. § 2C:52-5.3(c).	No fee shall be charged to a person eligible for relief pursuant to this paragraph. N.J. Stat. § 2C:35-14(m)(5).	No fee shall be charged to a person eligible for relief pursuant to this paragraph. N.J. Stat. § 2C:35-14(m)(6).	There are no fees. N.J. Stat. § 2C:52-6(a)(2).	No fee is charged.	No statutory language regarding fees.	No fee is charged. N.J. Stat. § 2C:52-6(a)(2).	No fee or cost of any kind shall be imposed upon a person whose sentence is reviewed pursuant to this section. N.M. Stat. Ann. § 29-3A-9(L).	No statutory language.
Effect	The person is treated as if they have never been arrested, convicted, or sentenced, with exceptions for criminal justice uses. The court records are sealed and, upon payment, the police criminal records are removed. On applications for employment, a person can be questioned about non-annulled records. N.H. Rev. Stat. § 651:5 (X).	The person is treated as if they have never been arrested, convicted, or sentenced, with exceptions for criminal justice uses. The court records are sealed and, upon payment, the police criminal records are removed. On applications for employment, a person can be questioned about non-annulled records. N.H. Rev. Stat. § 651:5 (X).	The person is treated as if they have never been arrested, convicted, or sentenced, with exceptions for criminal justice uses. The court records are sealed and, upon payment, the police criminal records are removed. On applications for employment, a person can be questioned about non-annulled records. N.H. Rev. Stat. § 651:5 (X).	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.	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.	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.	Superior Court shall consider the person's verified petition and may order the expungement of all records and information relating to all arrests, detentions, convictions, and proceedings of the person that existed at the time of discharge from special probation as appropriate. The court shall grant the relief requested unless it finds that the need for the availability of the records outweighs the desirability of having the person freed from any disabilities associated with their availability, or it finds that the person is otherwise ineligible for expungement. N.J. Stat. § 2C:35-14(m)(5).	The Superior Court shall consider the person's verified petition and may order the expungement of all records and information relating to all arrests, detentions, convictions, and proceedings of the person that existed at the time of discharge from special probation as appropriate. The court shall grant the relief requested unless it finds that the need for the availability of the records outweighs the desirability of having the person freed from any disabilities associated with their availability, or it finds that the person is otherwise ineligible for expungement. N.J. Stat. § 2C:35-14(m)(6).	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 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.	The court shall order that the victim's name and associated personal identifying information contained in the records, files, and indexes of relevant courts, law enforcement agencies, correctional institutions, and administrative agencies which are accessible to the public be deleted, sealed, labeled to show that such data is impersonated and does not reflect the defendant's identity, or corrected by inserting in the records the name of the perpetrator, if known or ascertainable, in lieu of the victim's name. See subsection (a)(3).N.J. Stat. § 2C:52-32.1.	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.	The department of public safety shall expunge the public record pertaining to the offense; provided that if the arrest included multiple charges, only the portions of the public records related to the cannabis charge shall be expunged. N.M. Stat. Ann. § 29-3A-9(H).	The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts. The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of such records to any person, except upon order of the court. N.M. Stat. Ann. § 29-3A-59(D).
Remedy	Annul	Annul	Annul	Dismiss	Vacate	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Delete	Expunge	Expunge	Expunge

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.