What is Expungement?
Expungement deletes your criminal record, restoring you to the status you had before the offense. The state removes an expunged record from public view. For example, employers, landlords, and banks cannot see the record. Judges and law enforcement can still see the record for sentencing and investigative purposes. A court-ordered expungement can remove the following information:
- Your arrest
- All court proceedings related to your case
- Your criminal or juvenile conviction
- The outcome of your case, including your sentence
Who is Eligible for Expungement?
There are several types of expungement categories for which you may be eligible. In general, you are eligible to have your record expunged if the record is for an arrest, a juvenile offense, a dismissal, or possession of small amounts of marijuana or hashish with no intent to sell. You are also eligible for expungement if you successfully graduated from a drug court or if you were the victim of human trafficking or identity theft.
You cannot expunge out-of-state arrests or convictions, most motor-vehicle offenses, or very serious crimes.
In New Jersey, you may only apply for expungement one time.
If you are uncertain about your eligibility for expungement, consider consulting with an attorney.
What Effect Does Expungement Have?
Once a New Jersey court grants an expungement, the court orders the New Jersey State Police to remove the record from public view. Police departments and courts seal the record.
Employers in New Jersey are prohibited from inquiring about expunged records. This means you can legally refuse to talk about being arrested or charged during a job interview. However, you must disclose your record if you apply for a job in law enforcement.
How Do I Apply for Expungement?
- Determine if you are eligible for expungement. The Legal Services of New Jersey has an online “interview” to help determine whether you qualify for expungement. To access and participate in the interview, watch helpful videos about expungement, and create and print forms, visit here: LSNJ - Legal Information.
- Get your New Jersey Police Criminal History Record. For more information on how to obtain your New Jersey criminal history record, see section: New Jersey-How to Get Your Rap Sheet.
- Collect all necessary documents and complete the required forms. Make two copies of each. To access the official form, click here. You may wish to make additional copies for your personal use. Documents include:
- Petition for Expungement: The Application to the court requesting that the court expunge your record.
- Order for Hearing: The document on which the court will schedule a hearing of your case.
- Expungement Order: The document to be signed by the judge if your Petition for Expungement is granted.
- Cover Letter - For Filing: The form letter to be sent to the court when filing your Petition for Expungement, Order for Hearing, and proposed Expungement Order
- Cover Letter: The form letter to be sent when giving notice of the hearing.
- Proof of Notice: The document to be filed with the court after notice is given.
- Cover Letter - Notice Expungement Granted: The form letter to be sent when giving notice that the expungement was granted.
- File your complete expungement package with the Criminal Case Management Office in the county where your arrest or prosecution occurred. Include the original and two copies with your package.
- Mail or deliver a complete expungement package to all required recipients. New Jersey law requires that certain people be notified and provided the opportunity to object to your expungement petition. The law requires that these people be notified within five days of the court's Order for Hearing on your expungement petition. Recipients include:
- The Attorney General of New Jersey.
- The Superintendent of State Police, Expungement Unit.
- The County Prosecutor.
- The administrator of the municipal court, if the matter was heard by a municipal court.
- The Chief of Police or other head of the police department where the offense was committed or the arrest was made.
- The chief law enforcement officer of any other law enforcement agency of the State that participated in the arrest.
- The Warden or superintendent of any institution in which you were incarcerated.
- The Records Division of any institution in which you were incarcerated.
- The Identification Bureau in the county where the arrest was made or where you were incarcerated (a list of County Identification Bureaus appears at the end of this guide).
- The County Probation Division should be provided a copy if you were granted a conditional discharge, conditional dismissal, enrolled in the Pretrial Intervention Program (PTI), enrolled in a juvenile diversion program (Juvenile Conference Committee or Intake Service Conference), granted a deferred disposition, performed community service, owed fines or restitution or served a term of probation.
- The Division of Criminal Justice, Records and Identification Unit should be provided a copy if your case was processed through the State Grand Jury
- The County Family Division should be provided a copy if you are requesting the expungement of any juvenile delinquency matters.
- Attend the hearing. If the court grants your petition and orders expungement, make sure to keep the expungement order, as it may be necessary in the future.
Clean Slate Act
Effective January 1, 2020, and amended in 2024, the New Jersey Clean Slate Law simplifies the process for petitioning for expungement. Under “Clean Slate,” you are eligible to clear an entire record of arrests and convictions 10 years after your most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration (whichever is latest).
If you have any convictions for serious crimes (such as murder, robbery, or aggravated sexual assault), you will not be eligible for Clean Slate expungement.
Under Clean Slate, it is intended that you will not need to file a petition. Instead, the expungement will be done automatically by the court when you have met the waiting period and are otherwise eligible.
More Information About Expungement
For helpful information about expungement in New Jersey, and the required forms, click here: New Jersey Courts - How to Expunge Your Criminal Record.
You may also visit the Legal Services of New Jersey's website here: Legal Services of New Jersey. Call their office at (888) 576-5529.