In 2020, New Jersey enacted one of the most expansive expungement reform laws in the country: the Clean Slate Act. Under this law, most people with criminal records in New Jersey can have those records automatically cleared — without filing a court petition — after 10 years of clean behavior. Here is what the law does, who it covers, and what to do if your automatic expungement has not happened yet.
What Is the Clean Slate Law?
The Clean Slate Law (P.L. 2019, c. 269) created a process for the automatic expungement of eligible criminal records in New Jersey. Previously, expungement required filing a formal petition with the Superior Court, serving multiple agencies, and waiting months for a judge’s order. While that traditional process still exists, the Clean Slate Law adds an automatic pathway for those who qualify.
Who Qualifies for Automatic Clean Slate Expungement?
To qualify for automatic expungement under the Clean Slate Law:
- At least 10 years must have passed since the most recent conviction, release from incarceration, completion of parole or probation — whichever is most recent.
- The person must have no new criminal convictions during that 10-year period.
- All fines, fees, and restitution must be paid in full.
- The conviction must be for an eligible offense.
What Offenses Are NOT Eligible for Clean Slate Expungement?
The Clean Slate Law does not cover every conviction. The following remain ineligible for expungement under any pathway:
- Murder, manslaughter (in most circumstances)
- Kidnapping
- Aggravated sexual assault and sexual assault
- Robbery (first degree)
- Arson
- Endangering the welfare of a child
- Human trafficking
- Most crimes where the defendant used a position of public trust to commit the offense
DWI convictions are also not affected by Clean Slate — but DWI is a motor vehicle offense, not a criminal conviction, so it does not appear on your criminal record to begin with.
How Does the Automatic Process Work?
The Administrative Office of the Courts (AOC) is responsible for identifying eligible individuals and processing automatic Clean Slate expungements. The court system compares its records against the eligibility criteria and generates expungement orders for qualifying individuals.
In practice, the rollout of automatic processing has been phased and uneven. Many people who are eligible for Clean Slate expungement have not yet received their automatic expungement — either because the system has not processed their record yet, because of data matching issues, or because their record contains charges across multiple counties that are harder to reconcile automatically.
What If My Record Hasn’t Been Automatically Expunged?
If you believe you are eligible for Clean Slate expungement but your record has not been cleared, you have two options:
- Wait for the automatic process: The AOC continues to process records, and eligible individuals may receive their expungement over time without taking any action.
- File a traditional expungement petition: Under New Jersey’s regular expungement law, individuals who meet the eligibility criteria — including the 10-year clean period required for Clean Slate — can file a petition with the Superior Court to obtain an expungement order immediately rather than waiting for the automatic system. This is often faster and more reliable than waiting for the AOC to process the record automatically.
An attorney can also help confirm whether your record is actually eligible before you invest time and money in the process — some people assume they qualify when they do not, and others assume they do not qualify when they actually do.
The Petition Expungement Option: Faster and More Reliable
For people who need their record cleared for a specific reason — a job opportunity, a professional license application, a housing application — waiting indefinitely for the automatic process is not practical. Filing a traditional expungement petition provides a court order with a specific effective date, gives you documentation you can show prospective employers or agencies, and ensures all agencies receive and process the expungement order.
Learn more about the full expungement process on our expungements page.
Find Out If Your Record Qualifies
Jenna Casper Bloom handles expungement petitions throughout Hunterdon County and Central New Jersey. If you have a criminal record and are unsure whether Clean Slate applies to you — or if you want to proactively file rather than wait for the automatic process — contact Casper Bloom Law for a free consultation. Jenna will review your record, confirm your eligibility, and get the process started.
