How to File for Expungement in New Jersey

A Plain-Language Guide for Self-Represented Persons

What This Document Does

This guide helps you clear (expunge) your criminal record in New Jersey. Expungement means the court orders all records of your arrest, charge, or conviction to be sealed — as if it never happened. Employers, landlords, and most others won't be able to see it on background checks.

This is not legal advice. Some cases are complicated. If you're unsure about your eligibility, consider talking to a lawyer or legal aid.

When to Use This Guide

Use this guide if:

• You were arrested but not convicted (charges dismissed, acquitted, or discharged)
• You were convicted of a disorderly persons offense (misdemeanor) and enough time has passed
• You were convicted of a crime (felony) and meet the eligibility requirements
• You completed Pre-Trial Intervention (PTI) or Conditional Discharge

Do NOT use this guide if:

• You were convicted of a serious crime like murder, sexual assault, robbery, arson, or crimes against children (these generally cannot be expunged)
• You have pending criminal charges
• You are currently on probation or parole for another offense

Before You Start

Gather this information:

Know the waiting periods:

"Completion of sentence" means:

• All fines and court costs paid
• Probation completed
• Jail/prison time served
• Community service completed

Step-by-Step Instructions

Step 1: Check Your Eligibility

You CAN expunge if:

• [ ] You were arrested but never convicted
• [ ] You were convicted of a disorderly persons offense and 5+ years have passed since you completed your sentence (N.J.S.A. 2C:52-3)
• [ ] You were convicted of ONE crime (indictable offense) and 5+ years have passed (N.J.S.A. 2C:52-2)
• [ ] You were convicted of a drug offense when you were 21 or younger and 1+ year has passed (N.J.S.A. 2C:52-5)
• [ ] You completed PTI, Conditional Discharge, or Drug Court

You CANNOT expunge if:

• [ ] You were convicted of murder, manslaughter, kidnapping, robbery, arson, sexual assault, or crimes against children
• [ ] You have pending criminal charges
• [ ] You've already had a prior conviction expunged (some exceptions apply)
• [ ] Your conviction was for certain drug distribution offenses

Step 2: Get Your Criminal Records

Get your official criminal history:

1. Go to the New Jersey State Police website
2. Request a "Name-Based Criminal History Record Check" (cost: ~$20)
3. Or visit a local police department for fingerprint-based check (cost: ~$40)

This will show you:

• All arrests on your record
• Case numbers
• Dispositions (what happened in court)
• Sentences

Alternative: Contact the court where your case was heard and request copies of your case file.

Step 3: Fill Out the Petition

On the first page:

1. Write your county name (where you live or where the case was)
2. Write your full legal name as "Petitioner"
3. Leave the docket number blank — the court will assign this

Section I (Petitioner Information):

• Write your full legal name
• Write your date of birth
• Write your current address

Section II (Jurisdiction):

• Check the box for why you're filing in this county (residence or where case happened)

Section III (Arrest and Conviction):

• Write the exact date you were arrested
• Write the name of the police department that arrested you
• Write the case number from court documents
• Write the exact statute number you were charged with (example: N.J.S.A. 2C:20-3)
• Write the name of the offense (example: "Theft by Unlawful Taking")
• Write the date you were convicted or the case was resolved
• Write what happened (convicted, dismissed, acquitted, etc.)
• Write what sentence you received
• Write when you completed the sentence (paid all fines, finished probation, etc.)

Section IV (Eligibility):

• Check the box that describes your situation:
• Indictable offense = Felony (crime of the 1st, 2nd, 3rd, or 4th degree)
• Disorderly persons = Misdemeanor
• Arrest not resulting in conviction = Charges dropped, acquitted, or dismissed
• Municipal ordinance = Local violation (like noise complaint)
• Confirm the waiting period has passed
• State whether you have any other convictions
• State whether you've had anything expunged before

Section V (No Bar to Expungement):

• Confirm your offense is not one of the serious crimes that cannot be expunged
• Confirm none of the denial grounds apply to you

Sign and date the Verification page in front of a notary public.

Step 4: Make Copies

Make copies for everyone who needs to be notified:

1. Original — for the court
2. Copy for yourself
3. Copies for these agencies:

• New Jersey State Police
• Attorney General's Office
• County Prosecutor's Office
• Local Police Department (where arrest happened)
• Any other agency involved in your arrest
• Court where conviction occurred

Total: Usually 6-8 copies

Step 5: File with the Court

Where to go:

Go to the Superior Court, Law Division, Criminal Part in your county.

What to bring:

• Original petition (signed and notarized)
• All copies for service
• Filing fee: $75 (money order or certified check)
• If you can't afford the fee, ask for an "In Forma Pauperis" (IFP) application

What happens:

1. Clerk reviews your petition
2. You pay the filing fee
3. Clerk assigns a docket number
4. Judge reviews and sets a hearing date
5. You receive an "Order Fixing Date for Hearing"

Step 6: Serve All Parties

Within 5 days of getting your hearing date, you must notify:

Use Certified Mail with Return Receipt Requested for proof of service.

After mailing:

• Keep the return receipts when they come back
• File a "Certification of Service" with the court showing you mailed to everyone

Step 7: Attend the Hearing

When: The date on your Order Fixing Date for Hearing

Where: The courtroom listed on your order

What to bring:

• [ ] Your copy of the filed petition
• [ ] Proof of service (return receipts)
• [ ] Any supporting documents (completion certificates, payment receipts)
• [ ] Photo ID

At the hearing:

1. Check in with the court officer when you arrive
2. When your case is called, say: "Your Honor, I'm [YOUR NAME], and I'm asking the court to grant my expungement petition."
3. The judge may ask questions about your case
4. If no one objects, the judge will sign the expungement order

If someone objects:

• The prosecutor or another agency can object
• You may need to explain why expungement should still be granted
• The judge will decide

Step 8: After the Order

If granted:

1. Get a certified copy of the expungement order from the clerk (~$10)
2. Keep this copy forever — it's your proof
3. The court sends the order to all agencies
4. Agencies have 60 days to seal your records

After expungement:

• On most job applications, you can answer "No" to "Have you been convicted of a crime?"
• The arrest and conviction won't appear on most background checks
• The records still exist but are sealed and only accessible in limited circumstances

What to Expect

Timeline:

Costs:

Where to Get Help

Free Legal Help:

Court Resources:

Common Questions

Q: Will expungement completely erase my record?

A: The records are sealed, not destroyed. They still exist but most people and employers cannot see them. Law enforcement and courts can access them in limited circumstances.

Q: Can I expunge multiple convictions?

A: It depends. You can expunge multiple disorderly persons offenses under certain conditions. For indictable crimes, you generally can only expunge one conviction (with exceptions).

Q: What if I don't know my case number?

A: Contact the court where your case was heard, or request your criminal history from NJ State Police.

Q: Do I need a lawyer?

A: No, you can file on your own. But if your case is complicated or someone objects, a lawyer can help.

Q: How long does the whole process take?

A: Typically 2-4 months from filing to having your records sealed.

Q: Can I answer "No" on job applications after expungement?

A: Generally yes, for most private employers. Read each application carefully — some ask about arrests, some ask about convictions, some ask about both.

Q: What if I was convicted in another state?

A: New Jersey can only expunge New Jersey convictions. You'd need to petition the state where the conviction occurred.

Important Reminders

• Be completely honest on your petition. False statements can result in criminal charges.
• Pay all fines first. You must have completed your entire sentence.
• Don't miss deadlines. Serve all parties within 5 days of getting your hearing date.
• Keep copies of everything. You may need them later.
• Attend the hearing. If you don't show up, your petition will be dismissed.

Disclaimer

This guide provides general information about expungement in New Jersey. It is not legal advice and does not create an attorney-client relationship. Laws change, and every situation is different. If you have questions about your specific circumstances, please consult with a licensed attorney in New Jersey.

Expungement eligibility depends on specific facts about your case. This guide does not guarantee that you are eligible for expungement.

Document Version: NJ-EXP-GUIDE-2026-01

Last Updated: March 2026

Jurisdiction: State of New Jersey