PETITION FOR EXPUNGEMENT

State of New Jersey

IN THE SUPERIOR COURT OF NEW JERSEY

LAW DIVISION, CRIMINAL PART

[COUNTY] COUNTY

IN RE: PETITION OF

[PETITIONER FULL NAME],

Petitioner.

DOCKET NO.: ________________

VERIFIED PETITION FOR EXPUNGEMENT

I. PETITIONER INFORMATION

1. Petitioner, [FULL LEGAL NAME], submits this Verified Petition for Expungement and states as follows:

2. Petitioner's date of birth is: [MONTH/DD/YYYY]

3. Petitioner's current address is: [STREET ADDRESS], [CITY], [COUNTY] County, New Jersey [ZIP CODE]

4. Petitioner has resided in [COUNTY] County, New Jersey for [NUMBER] years.

II. JURISDICTION AND VENUE

5. This Court has jurisdiction over this expungement petition pursuant to N.J.S.A. 2C:52-7.

> N.J.S.A. 2C:52-7 provides: "Every petition for expungement filed pursuant to this chapter shall be filed in the Superior Court in the county in which the petitioner resides or a county in which one or more of the petitioner's matters were disposed of."

6. Venue is proper in [COUNTY] County because:

☐ Petitioner resides in this county

☐ The conviction(s) sought to be expunged occurred in this county

III. ARREST AND CONVICTION INFORMATION

7. Date of Arrest: [MONTH/DD/YYYY]

8. Arresting Agency: [NAME OF POLICE DEPARTMENT/AGENCY]

9. Original Complaint/Indictment/Summons Number(s): [CASE NUMBER(S)]

10. Statute(s) Charged: [N.J.S.A. SECTION NUMBERS]

11. Offense(s) Charged: [NAME OF OFFENSE(S)]

12. Date of Conviction or Disposition: [MONTH/DD/YYYY]

13. Court of Disposition: [NAME OF COURT - Superior Court, Municipal Court, etc.]

14. Disposition:

☐ Convicted after trial

☐ Convicted after guilty plea

☐ Charges dismissed

☐ Acquitted

☐ Discharged without conviction

☐ Participated in Pre-Trial Intervention (PTI) or Conditional Discharge

15. Sentence Imposed:

• [ ] Fine: $[AMOUNT]
• [ ] Probation: [LENGTH]
• [ ] Jail/Prison: [LENGTH]
• [ ] Community Service: [HOURS]
• [ ] Other: [SPECIFY]

16. Date sentence completed (including payment of all fines and completion of probation): [DATE]

IV. ELIGIBILITY FOR EXPUNGEMENT

17. [SELECT THE APPLICABLE CATEGORY:]

☐ INDICTABLE OFFENSE (Crime): Petitioner seeks expungement of a conviction for an indictable offense (crime) pursuant to N.J.S.A. 2C:52-2.

> N.J.S.A. 2C:52-2(a) provides: "In all cases, except as herein provided, a person may present an expungement application to the Superior Court pursuant to this section if: the person has been convicted of one crime under the laws of this State, and does not otherwise have any subsequent conviction for another crime, whether within this State or any other jurisdiction... The person, if eligible, may present the expungement application after the expiration of a period of five years from the date of the person's most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later."

☐ DISORDERLY PERSONS OFFENSE: Petitioner seeks expungement of a conviction for a disorderly persons or petty disorderly persons offense pursuant to N.J.S.A. 2C:52-3.

> N.J.S.A. 2C:52-3(a)(1) provides: "Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has not been convicted of any crime, whether within this State or any other jurisdiction, may present an expungement application to a court pursuant to this section... The person, if eligible, may present the expungement application after the expiration of a period of five years from the date of his most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later."

☐ ARREST NOT RESULTING IN CONVICTION: Petitioner seeks expungement of an arrest that did not result in conviction pursuant to N.J.S.A. 2C:52-6.

> N.J.S.A. 2C:52-6(a) provides: "When a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation under the laws of this State or of any governmental entity thereof and proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt, the Superior Court shall, at the time of dismissal, acquittal, or discharge, or, in any case set forth in paragraph (1) of this subsection, order the expungement of all records and information relating to the arrest."

☐ MUNICIPAL ORDINANCE VIOLATION: Petitioner seeks expungement of a municipal ordinance violation pursuant to N.J.S.A. 2C:52-4.

> N.J.S.A. 2C:52-4 provides: "In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime... may, after the expiration of a period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition... praying that such conviction and all records and information pertaining thereto be expunged."

☐ YOUNG DRUG OFFENDER: Petitioner seeks expungement as a young drug offender (21 or younger at time of offense) pursuant to N.J.S.A. 2C:52-5.

> N.J.S.A. 2C:52-5 provides: "Notwithstanding the provisions of N.J.S.2C:52-2 and N.J.S.2C:52-3, after a period of not less than one year following conviction, termination of probation or parole, or discharge from custody, whichever is later, any person convicted of an offense under chapter 35 or 36 of this title for the possession or use of a controlled dangerous substance... and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court... for the expungement of such person's conviction and all records pertaining thereto."

18. Waiting Period Compliance:

☐ The required waiting period has elapsed since the date of conviction, dismissal, or completion of sentence

☐ The waiting period requirement is waived or reduced by law

19. Petitioner has [NOT] been convicted of any other offenses in this State or any other jurisdiction since the conviction sought to be expunged. [If other convictions exist, list: NATURE, DATE, COURT]

20. Petitioner has [NOT] previously had a criminal conviction expunged in this State or any other jurisdiction.

V. NO STATUTORY BAR TO EXPUNGEMENT

21. The offense(s) sought to be expunged [IS/ARE NOT] among those excluded from expungement under N.J.S.A. 2C:52-2(b) (crimes against children, certain sexual offenses, criminal homicide, kidnapping, robbery, arson, etc.).

22. None of the grounds for denial under N.J.S.A. 2C:52-14 apply to this petition:

> N.J.S.A. 2C:52-14 provides that a petition for expungement shall be denied when: (a) any statutory prerequisite is not fulfilled; (b) the need for availability of records outweighs the desirability of relief; (c) acquittal resulted from plea bargaining; (d) records are subject of civil litigation; or (e) the person has had a previous criminal conviction expunged.

23. Petitioner has led a life of rectitude since the conviction and has disassociated from unlawful activity, consistent with the purpose of the expungement statute.

> N.J.S.A. 2C:52-32 provides: "This chapter shall be construed with the primary objective of providing relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby persistent violators of the law or those who associate themselves with continuing criminal activity have a regular means of expunging their police and criminal records."

VI. REQUEST FOR RELIEF

24. Petitioner requests that the Court order the expungement of all records relating to the arrest and conviction described herein, pursuant to N.J.S.A. 2C:52-1(a):

> N.J.S.A. 2C:52-1(a) provides: "Expungement shall mean the extraction, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, 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."

25. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets" and judicial docket records, as provided in N.J.S.A. 2C:52-1(b).

26. Upon granting of the expungement order, all records shall be handled as required by N.J.S.A. 2C:52-15:

> N.J.S.A. 2C:52-15(a) provides: "If an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the law enforcement and criminal justice agencies which, at the time of the hearing of the petition, possess the records and shall be placed in the control of a person who has been designated by the head of each such agency. That designated person shall, except as otherwise provided in this chapter, ensure that such records or the information contained therein are not released for any reason and are not utilized or referred to for any purpose. In response to requests for information or records of the person who was arrested or convicted, all officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information."

VII. PARTIES TO BE SERVED

27. Upon entry of an order setting a hearing date, Petitioner will serve copies of this Petition and all supporting documents upon the following parties as required by N.J.S.A. 2C:52-10:

• [ ] Superintendent of State Police
• [ ] Attorney General of New Jersey
• [ ] County Prosecutor of [COUNTY] County
• [ ] Chief of Police, [MUNICIPALITY]
• [ ] [OTHER LAW ENFORCEMENT AGENCY INVOLVED IN ARREST]
• [ ] Superintendent/Warden of [INSTITUTION WHERE CONFINED, IF APPLICABLE]
• [ ] Municipal Court Judge [IF DISPOSITION IN MUNICIPAL COURT]

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

A. Enter an Order setting a hearing date on this Petition;

B. After hearing, enter an Order granting expungement of all records relating to the arrest and conviction described herein;

C. Order all agencies and courts having custody of such records to extract, seal, impound, and isolate such records;

D. Grant such other and further relief as the Court deems just and proper.

VERIFICATION

CERTIFICATION PURSUANT TO R. 1:4-4(b)

I certify that the foregoing statements made by me are true. I am aware that

if any of the foregoing statements made by me are willfully false, I am

subject to punishment.

Date: _______________

________________________________

[PETITIONER SIGNATURE]

[PRINTED NAME]

[ADDRESS]

[PHONE NUMBER]

N.J.R. 1:4-4(b)

CERTIFICATE OF SERVICE

I, [PETITIONER FULL NAME], hereby certify that on [DATE], I served a true copy of the within Petition for Expungement and all supporting documents upon the parties listed in Section VII above by:

☐ Electronic filing through the New Jersey Courts e-filing system

☐ Certified Mail, Return Receipt Requested

☐ Regular Mail and Certified Mail

☐ Hand Delivery

________________________________

[PETITIONER SIGNATURE]

[DATE]

FILING INSTRUCTIONS

FORMATTING REQUIREMENT (N.J.R. 1:4-9):

Every document filed with a New Jersey court must carry a 3-inch (3") blank

top margin on the first page to accommodate the court's filing stamp. All

subsequent pages require a minimum 1-inch top margin. Verify margins before

filing.

Where to File

File this Petition with the Superior Court of New Jersey, Law Division, Criminal Part in the county where you reside or where the conviction occurred.

Filing Fee: Approximately $75 (fee waiver available for indigent petitioners)

Payment Methods: Money order, certified check, or credit card

Required Documents to File

1. Original Petition for Expungement (this document, verified and signed)
2. Proposed Order Fixing Date for Hearing
3. Copies for all parties to be served (see Section VII)
4. Filing fee payment or IFP application

After Filing

1. The Court will review your petition and issue an Order Fixing Date for Hearing
2. Per N.J.S.A. 2C:52-9, "the court shall, by order, fix a time not less than 35 nor more than 60 days thereafter for hearing of the matter"
3. You must serve all parties listed in Section VII within 5 days of receiving the hearing date order (N.J.S.A. 2C:52-10)
4. File proof of service with the Court
5. Attend the hearing on the scheduled date
6. If granted, the Court will issue an Order of Expungement

Timeline

• Hearing typically scheduled: 30-60 days after filing
• Expungement effective: Immediately upon entry of Order
• Agencies must comply: Within 60 days of Order

Resources

• NJ Courts Expungement Info: njcourts.gov/selfhelp/expungement.html
• NJ State Police Expungement Unit: 609-882-2000 ext. 29120
• Legal Services of NJ: lsnjlaw.org | 1-888-576-5529

Jurisdiction-correct document templates. Not legal advice.

Document Version: NJ-EXP-2026-01

Last Updated: March 2026