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| Clearance policy overview | 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). | 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 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). | 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). | 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). |
| Ineligible Category or Citation | 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. | 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. | 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). | 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). | 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). |
| Clearance Process | Petition-based | Petition-based | 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 | By petition or court's own motion | Petition-based | Petition-based | By petition or court's own motion | Automatic | Petition-based | By petition or court's own motion |
| Waiting Periods | 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. | 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. | The petition can be filed at any time. | There is no statutory language regarding a waiting period. | There is no waiting period. | There is a 2- to 10-year waiting period. | 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). |
| 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). | 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. | Payment of fees is not required. N.J. Stat. § 2C:52-29. | 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. | 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. | 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. | 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. | 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 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). | 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). |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Delete | Expunge | Expunge | Expunge | Expunge | Vacate |
