Important Notice: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm. For legal representation, contact Legal Services of New Jersey — 1-888-576-5529 or Camden County Legal Aid — 856-964-2010.
New Jersey's expungement statute (N.J.S.A. 2C:52-1 et seq.) is one of the most comprehensive in the United States. It allows eligible individuals to petition the Superior Court to have their criminal records sealed from public view and most background checks. A granted expungement means the law treats the conviction as if it never occurred.
New Jersey expanded its expungement law significantly in 2020 with the Clean Slate Act and again in 2024. The state also eliminated filing fees for expungement petitions. These changes mean more people are eligible today than at any point in New Jersey history — and the process is more affordable.
Eligibility Pathways Under New Jersey Law
N.J.S.A. 2C:52-1 through 2C:52-32. Multiple pathways may apply to your situation.
Dismissed Charges / Acquittals
Any charge that was dismissed, acquitted, or resulted in no conviction can be expunged immediately at no filing fee under N.J.S.A. 2C:52-6. File the petition in the Superior Court, Law Division (Criminal Part) of the county where the charge was filed.
Standard Expungement — Indictable Offenses
Most indictable (felony-equivalent) offenses are eligible after a 6-year waiting period from the date of conviction, payment of fine, completion of probation, or release from incarceration — whichever is latest. Some indictable offenses are permanently excluded (see below).
Standard Expungement — Disorderly Persons
Disorderly persons offenses (misdemeanor-equivalent) are eligible after a 5-year waiting period from the same benchmark. Multiple disorderly persons offenses can be expunged in a single petition under certain conditions.
Early Pathway Expungement
If you have completed court-ordered treatment and demonstrate that expungement is in the public interest, you may petition after 3 years for disorderly persons offenses or 4 years for indictable offenses — before the standard waiting period expires. The court has discretion to grant or deny.
Clean Slate Expungement (N.J.S.A. 2C:52-5.3)
New Jersey's Clean Slate law (effective 2020, amended 2024) allows expungement of an entire criminal history — including multiple offenses — after 10 years from the latest sentence completion, provided no disqualifying offenses exist. This is a sweeping remedy for individuals with older records.
Marijuana Convictions
Following the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (CREAMMA), marijuana possession and use convictions through December 2020 are subject to automatic expungement. If your record has not been updated, you may still need to file a petition.
Offenses That Cannot Be Expunged
The following are permanently excluded under N.J.S.A. 2C:52-2(b):
- Murder, manslaughter, or homicide by vehicle
- Sexual assault or aggravated sexual assault
- Kidnapping and criminal restraint
- Robbery (first degree)
- Arson
- Perjury and false swearing
- Child pornography offenses
- Endangering the welfare of a child
- Human trafficking
- Terrorism offenses
- Any offense for which the death penalty could be imposed
How to File an Expungement Petition in New Jersey
Request Your Official Criminal History Record
Request a New Jersey Criminal History Record from the New Jersey State Police (NJSP) or through the Superior Court's eCourts system. The NJSP record will show every charge on your New Jersey record with case numbers, disposition dates, and sentence details. You need this to verify eligibility and identify the correct court for each charge.
Identify Which Charges Are Eligible
Compare each charge against N.J.S.A. 2C:52-2 (indictable offenses) and N.J.S.A. 2C:52-3 (disorderly persons offenses). For each eligible charge, calculate the waiting period from the latest of: conviction date, fine payment, probation completion, or release from custody. If any charge is ineligible, it may block expungement of others in some circumstances.
Complete the Expungement Petition Forms
New Jersey uses standardized forms: CN 10170 (Petition for Expungement) and CN 10171 (Order for Hearing on Petition for Expungement). These forms require your full name, date of birth, Social Security number, case information for each charge, and a list of all agencies that must be notified. Incomplete forms will be rejected by the clerk.
File in Superior Court and Pay the Fee
File the petition in the Superior Court, Law Division (Criminal Part) in the county of the original conviction. As of 2024, New Jersey has eliminated the filing fee for expungement petitions (previously $75). You must also file a certification of service — a document confirming that you will notify all required agencies of the petition.
Serve All Required Agencies
New Jersey requires you to serve copies of the petition on a specific list of agencies: the State Police, the county prosecutor of every county where charged, the municipal prosecutor, the chief law enforcement officer of the arresting agency, the state parole board, the commissioner of corrections, and the superintendent of any correctional facility where confined. This service must be completed before the hearing date.
Attend the Hearing (If Required)
The court will schedule a hearing date approximately 35–60 days after filing. If no objection is received from any agency within 20 days of service, the judge may grant the expungement without a hearing. If an objection is filed, you will have an opportunity to respond and present evidence. After the order is entered, New Jersey courts transmit the order electronically to all relevant agencies.
Related Resources
New Jersey Specific
New Jersey Expungement Petition Package
Jurisdiction-correct expungement petition for New Jersey Superior Court. Includes CN 10170 and CN 10171 forms, agency service checklist, eligibility analysis guide, and filing instructions for all 21 NJ counties. Updated for the 2024 Clean Slate amendments.
Get the Petition Package — $399Disclaimer: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm and does not provide legal representation. For legal assistance in New Jersey, contact Legal Services of New Jersey — 1-888-576-5529.