A criminal record can follow you for decades — affecting your ability to find work, rent an apartment, obtain professional licenses, and more. New Jersey’s expungement law allows eligible individuals to have arrest and conviction records removed from public view, giving them a genuine second chance. Here is what you need to know.
What Does an Expungement Do?
An expungement is a court order that removes records of an arrest, charge, or conviction from the files of the New Jersey State Police, county courts, municipal courts, and most criminal justice agencies. After an expungement is granted, you can legally answer “no” on most job, housing, and licensing applications that ask whether you have been arrested or convicted. The record is not destroyed — it is sealed from public access — but for most everyday purposes, it is as if it never happened.
Who Is Eligible for Expungement in New Jersey?
New Jersey’s expungement law is relatively broad compared to many other states. Key eligibility rules include:
- Indictable (felony) convictions: You may expunge one indictable conviction after a waiting period of 5 years from the date of conviction, payment of fines, or release from incarceration — whichever is latest. Some serious offenses (murder, sexual assault, robbery, kidnapping) are not eligible for expungement.
- Disorderly persons convictions: You may expunge up to three disorderly persons convictions (or five, with certain conditions) after a 5-year waiting period. They may be expunged together with or separately from an indictable conviction.
- Arrests without conviction: If charges were dismissed, you were acquitted, or you were not convicted, you can apply for expungement of the arrest record immediately — with no waiting period.
- PTI and diversionary program completions: If your charges were dismissed after completing PTI, Conditional Discharge, or Conditional Dismissal, you can apply to expunge the arrest record 6 months after the dismissal.
- Multiple convictions: If you have multiple convictions from separate incidents, expungement is more complex. Generally, you cannot expunge a conviction if you have another conviction that itself is not expungeable.
New Jersey’s Clean Slate Law
In 2020, New Jersey enacted the Clean Slate Law, which allows individuals with 10 or more years of clean behavior after release to have most criminal records automatically expunged — without filing a petition. This applies to most indictable and disorderly persons convictions. Serious offenses like murder, sexual assault, and robbery are excluded.
Automatic Clean Slate expungements are processed by the Administrative Office of the Courts. However, for individuals who cannot wait for the automatic process or who have questions about eligibility, filing a traditional petition remains an option. Learn more on our expungements page.
What Cannot Be Expunged in NJ?
Not all offenses are eligible for expungement. The following cannot be expunged under current New Jersey law:
- Murder, manslaughter, aggravated sexual assault, sexual assault, kidnapping
- Robbery (first degree)
- Arson
- Endangering the welfare of a child
- Most crimes involving public officials using their office to commit the offense
- DWI convictions (DWI is a motor vehicle offense, not a criminal offense, and is handled separately — it appears on your driving record, not your criminal record)
How Long Does the Expungement Process Take?
A traditional expungement petition in New Jersey typically takes 3 to 5 months from filing to the final order. The process involves preparing the petition, filing it with the Superior Court, serving all relevant agencies, waiting for objections, appearing before a judge if necessary, and obtaining the final order. After the order is entered, it takes additional time for all agencies to update their systems.
Do I Need an Attorney to File for Expungement?
Technically, you can file a pro se (self-represented) expungement petition. In practice, expungement petitions with even minor errors — wrong case numbers, missing agencies, incorrect dates — are routinely rejected, adding months to the process. An attorney ensures the petition is filed correctly the first time, all agencies are properly served, and any legal objections are addressed.
Jenna Casper Bloom handles expungements throughout Hunterdon County and Central New Jersey. Contact Casper Bloom Law today for a free consultation about whether your record qualifies and how to get started.
