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| Clearance policy overview | 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 an arrest for which charges were not filed can be expunged upon petition any time following the decision not to charge the person. N.J. Stat. Ann. § 2C:52-4.1(b)(5). | A record relating to a delinquency petition will be sealed and the court will vacate its findings, orders, and judgments. N.M. Stat. Ann. § 32A-2-26(A). | Records relating to a matter where the court determined the child not delinquent will be sealed by the court upon motion by the children's court attorney (prosecutor) at the conclusion of the proceedings. N.M. Stat. Ann. § 32A-2-26(J). | A delinquency adjudication can be vacated, and related records can be expunged, after two years. N.M. Stat. Ann. § 32A-3B-21. | Records relating to a child must be sealed when the child reaches 18 years of age. Nev. Rev. Stat. § 62H.140. | Records relating to a sex offense or an unlawful act that would have been a felony if committed by an adult and involved the use or threat of violence can be sealed after the person reaches the age of 30 and is no longer subject to registration and community notification. Nev. Rev. Stat. § 62H.150(6). | Records relating to a child can be sealed if the child is less than 18 years of age, has been rehabilitated to the satisfaction of the juvenile court, and is not subject to a disqualifying event. Nev. Rev. Stat. § 62H.130(1), (4). | Records relating to a child will be sealed if the child is at least 18 years of age, has been rehabilitated to the satisfaction of the juvenile court, and is not subject to a disqualifying event. Nev. Rev. Stat. § 62H.130(1), (4). | Records relating to an unlawful act that, if committed by an adult, would have been a misdemeanor or an act of a child in need of supervision pursuant to NRS 62B.320 may be expunged after the child turns 18. Nev. Rev. Stat. Ann. §62H.180(1). | Records relating to a delinquency proceeding terminated in favor of the respondent will be sealed immediately, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(1). | Records relating to a delinquency proceeding terminated in favor of the respondent before April 14, 2010, will be sealed upon petition, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(6). |
| Ineligible Category or Citation | 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). | 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). | A person is not eligible for expungement if he or she has, within the two years immediately prior to filing the motion, been convicted of a felony or of a misdemeanor involving moral turpitude or been found delinquent by a court or has a pending proceeding seeking such a conviction or finding. N.M. Stat. Ann. § 32A-2-26(A)(2). | There is no statutory language regarding ineligible offenses. | There are no ineligible offenses. | Sexual offenses are not eligible for sealing under this section. Nev. Rev. Stat. § 62H.110(3). Records relating to a traffic offense that would have been a misdemeanor if committed by an adult are not eligible for sealing. See Nev. Rev. Stat. § 62H.110. | To be eligible for sealing, the person cannot have to be subject to registration and community notification. Nev. Rev. Stat. § 62H.150(5). | To be eligible for sealing, the person cannot have been convicted of a felony or of any misdemeanor involving moral turpitude. Nev. Rev. Stat. § 62H.130(4). Records relating to a traffic offense that would have been a misdemeanor if committed by an adult are not eligible for sealing. Nev. Rev. Stat. § 62H.110. | To be eligible for sealing, the person cannot have been convicted of a felony or of any misdemeanor involving moral turpitude. Nev. Rev. Stat. § 62H.130(4). Records relating to a traffic offense that would have been a misdemeanor if committed by an adult are not eligible for sealing. Nev. Rev. Stat. § 62H.110(4). | See Nev. Rev. Stat. Ann. §62H.180(1) for eligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. |
| Clearance Process | Petition-based | 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 | Automatic | By petition or court's own motion | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based |
| Waiting Periods | 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 can be filed at any time. | The record can be sealed two years after release from custody and supervision or after the entry of any other judgment not involving legal custody and supervision, if the juvenile has reached age 18, or the court finds that good cause exists to seal the records before the person reaches 18. N.M. Stat. Ann. §§ 32A-2-26(A)(1), (3). | Expungement is available immediately. The motion must be made by the children's court attorney (prosecutor) at the conclusion of the proceedings. | The order can be entered two years after judgment or release from custody and supervision. N.M. Stat. Ann. § 32A-3B-21(A). | The records are sealed automatically when the child reaches age 21. | A petition can be filed once the person reaches age 30. Nev. Rev. Stat. § 62H.150(2). | A petition can be filed three years after the date the child was last adjudicated delinquent or placed under the supervision of the juvenile court. Nev. Rev. Stat. § 62H.130(1)(a). | A petition can be filed three years after the date the child was last adjudicated delinquent or placed under the supervision of the juvenile court. Nev. Rev. Stat. § 62H.130(1)(a). | The petitioner must be 18 years old. | The record should be sealed immediately. | The petition can be filed at any time. |
| 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. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language on fees. | There are no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| Effect | 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. | 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. | The records subject to the sealing order include legal and social files, the records of the court, probation services, any other agency in the case, and if requested, law enforcement files and records. N.M. Stat. Ann. § 32A-2-26(A). Upon the entry of the order, the proceedings in the case will be treated as if they never occurred and all index references will be deleted. The court, law enforcement officers and departments, and agencies will reply, and the person can reply, to an inquiry that no record exists with respect to the person. N.M. Stat. Ann. § 32A-2-26(C). | Upon the entry of the sealing order, the proceedings in the case will be treated as if they never occurred and all index references will be deleted. The court, law enforcement officers, departments, and agencies will reply, and the person can reply, to an inquiry that no record exists with respect to the person. N.M. Stat. Ann. § 32A-2-26(C). | Upon the entry of the expungement order, the proceedings in the case shall be treated as if they never occurred, and all index references shall be deleted and the court, law enforcement officers and departments and agencies shall reply, and the individual may reply, to an inquiry that no record exists with respect to such person. N.M. Stat. Ann. § 32A-3B-21(C). | The order can seal any records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1). | The order can seal records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1). | The order can seal records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1). | The order can seal records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1). For further information on the effect of sealing, see Nev. Rev. Stat. § 62H.130(6). | If the juvenile court enters an order expunging the records of a child pursuant to this section, all proceedings recounted in the records are deemed never to have occurred. The child may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings. All records that are in the custody of the juvenile court or any other court will be expunged, and records in the custody of a probation officer, probation department or law enforcement agency will be destroyed. Nev. Rev. Stat. Ann. §62H.180(1). | All official records and papers, including judgments and orders of the court€š but not including public court decisions, opinions, records, and briefs on appeal relating to the arrest, prosecution, and probation service proceedings, including all duplicates or copies thereof, on file with the court, policy agency, probation service, and presentment agency will be sealed and not made available to any person or public or private agency. N.Y. Fam. Ct. Act § 375.1(1).The court shall enter an order sealing the appropriate records. N.Y. Fam. Ct. Act § 375.1 | All official records and papers, including judgments and orders of the court€š but not including public court decisions, opinions, records, and briefs on appeal relating to the arrest, prosecution, and probation service proceedings, including all duplicates or copies thereof, on file with the court, policy agency, probation service, and presentment agency will be sealed and not made available to any person or public or private agency. N.Y. Fam. Ct. Act § 375.1(1). |
| Remedy | Expunge | Expunge | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Vacate | Seal | Vacate | Seal | Seal | Seal | Seal | Expunge | Seal | Seal |
