Expungement in New Jersey, Including Clean Slate

Quick answer: Expungement in New Jersey is a court order that isolates the records of an arrest, a conviction, or both, so that the matter is treated as if it did not occur, with some exceptions. Under N.J.S.A. 2C:52-1 et seq., a charge that ended without a conviction can be expunged right away, ordinance violations after two years, most disorderly persons offenses and a limited number of indictable convictions after five years, and a longer record through a “Clean Slate” petition after ten years. Some serious crimes can never be expunged.

This article is general information, not legal advice. The statutes were rewritten in 2019 and amended in January 2024, and eligibility depends on your whole record, so confirm the current rules before you file.

What does an expungement do in New Jersey?

N.J.S.A. 2C:52-1 defines expungement as “the extraction, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency” about a person’s arrest, detention, trial or disposition of an offense. Expunged records include complaints, warrants, fingerprints, photographs, rap sheets and judicial docket records.

The Office of the Public Defender’s pamphlet, citing N.J.S.A. 2C:52-27, explains that the arrest, conviction and related proceedings “shall be deemed not to have occurred,” subject to a few exceptions. One covers jobs with the judiciary, corrections or law enforcement, which can still see expunged records.

Which records can be expunged?

New Jersey law provides for expunging arrests and charges that did not end in a conviction, disorderly persons and petty disorderly persons offenses, municipal ordinance violations, and indictable (criminal) convictions within set limits. The Public Defender’s pamphlet adds that juvenile adjudications, dismissals and completed pretrial intervention can be expunged. Each category has its own rules.

• Indictable convictions (N.J.S.A. 2C:52-2): one crime, or one crime plus no more than three disorderly persons or petty disorderly persons offenses. Several crimes can qualify if they are listed in a single judgment of conviction, or were “interdependent or closely related in circumstances” and committed as part of a sequence of events within a comparatively short period of time. A later conviction can disqualify you.
• Disorderly persons offenses (N.J.S.A. 2C:52-3): for people with no crime convictions, up to five offenses, or more if entered on the same day or closely related in the same way.
• Ordinance violations (N.J.S.A. 2C:52-4): for people with no crime convictions who have not been adjudged a disorderly person or petty disorderly person more than twice.

Certain marijuana and hashish convictions are counted differently, and the courts’ filing system has separate marijuana expungement types.

How long do you have to wait to file?

For most regular expungements, the wait is five years from your most recent conviction, payment of any court-ordered financial assessment, completion of probation or parole, or release from incarceration, whichever is later. Ordinance violations have a two-year wait, Clean Slate petitions ten years, and charges that ended without a conviction generally no wait at all.

Record	Statute	Standard wait	Earlier filing
Charge dismissed, acquitted or discharged without a conviction	N.J.S.A. 2C:52-6	None: ordered at disposition, or petition any time after	After pretrial intervention, conditional discharge or conditional dismissal: six months after dismissal
Municipal ordinance violation	N.J.S.A. 2C:52-4	2 years	No early pathway in the statute
Disorderly persons or petty disorderly persons offenses	N.J.S.A. 2C:52-3	5 years	After 3 years, with no new convictions and compelling circumstances
Indictable conviction	N.J.S.A. 2C:52-2	5 years	After 4 years, with no new convictions and compelling circumstances
Clean Slate petition	N.J.S.A. 2C:52-5.3	10 years	Only as to when fines were paid

Each wait runs from the latest of conviction, payment, completion of probation or parole, or release. A “court-ordered financial assessment” includes any fine, fee, penalty or restitution in the sentence. For indictable, disorderly persons and Clean Slate applications, if it is unpaid for reasons other than willful noncompliance and the time is otherwise met, you may still apply; if relief is granted, the court enters a civil judgment for the balance in the name of the State Treasurer.

What is a Clean Slate expungement?

A Clean Slate expungement under N.J.S.A. 2C:52-5.3 is for people who are not eligible under the other expungement sections, usually because they have more convictions than the regular limits allow. After ten years, it asks the court to expunge all of the person’s convictions, whether crimes, disorderly persons offenses or municipal violations, together.

It is not available if any conviction is for a crime that cannot be expunged under subsection b. or c. of N.J.S.A. 2C:52-2, but an earlier expungement does not bar it. If an assessment is unpaid for reasons other than willful noncompliance and the ten years are otherwise met, the statute says the court “shall grant” the expungement and enter a civil judgment for the balance.

Is there an automatic Clean Slate process in New Jersey?

The 2019 law directed the State to develop and implement an automated process that would make convictions inaccessible to the public ten years after the latest conviction, payment, supervision or release, based on recommendations from a task force. The statute says that once the automated process is established, Clean Slate petitions can no longer be filed.

When the Legislature amended the Clean Slate statute in January 2024, it kept the petition route in place until that happens, and the Public Defender’s December 2025 pamphlet still describes Clean Slate as a petition filed through the courts’ online system. Do not assume your record has been cleared on its own.

How do you file for an expungement online?

Expungement petitions are filed through the New Jersey Courts’ eCourts Expungement System. The 2019 law eliminated the court filing fee for expungement applications and required the courts to build a statewide e-filing system with electronic filing, electronic service and document management. You will need the case number for each matter you want included.

The courts’ user guide describes these steps:

1. Sign in, add eCourts Expungement System access, and choose “Initiate Expungement.”
2. Search by municipal complaint number, Family Part docket number, or criminal PROMIS/Gavel number.
3. Pick the type: Regular, Clean Slate, Marijuana, Recovery Court or Marijuana Decriminalization.
4. Review the retrieved cases and add any missing ones. The system may not include your full criminal history.
5. Certify the petition is accurate and that no criminal charges are pending, then submit. The prosecutor reviews it, the case gets an “XP” number, and you receive email notices of the prosecutor’s response and the judge’s order.

Under N.J.S.A. 2C:52-7, the petition is filed in the Superior Court in the county where you live or where one of your matters was disposed of. After an order is granted, the State Police still have to process it, and they run an online status portal you can check with your XP number. Out-of-state charges must be disclosed, but a New Jersey order does not expunge them.

What cannot be expunged?

Under N.J.S.A. 2C:52-2, convictions for certain serious crimes can never be expunged, and having one also blocks a Clean Slate petition. The list includes criminal homicide (except death by auto and strict liability vehicular homicide), kidnapping, human trafficking, sexual assault, robbery, arson, perjury, false swearing and terrorism, along with conspiracies or attempts to commit them.

It also covers certain sexual offenses and offenses against children, and a crime by a public officer or employee that “involved or touched” the office. Convictions for selling or distributing controlled dangerous substances, or possessing them with intent to sell, are barred except for small amounts of marijuana or hashish, and third or fourth degree convictions where the court finds compelling circumstances. Under N.J.S.A. 2C:52-6, a dismissal based on insanity or lack of mental capacity cannot be expunged. The Public Defender’s pamphlet notes that a person with a barred conviction may be able to seek a pardon from the Governor.

Why talk to The Legal Assistance Center about expungement in New Jersey?

Danielle Joseph-Key, Esq., founder and managing attorney, handles expungements, including Clean Slate petitions, as part of her criminal defense practice. She graduated from Rutgers-Camden School of Law in 2001, has been a member of the New Jersey bar since 2001, has more than 25 years of experience, and is a former municipal prosecutor.

She meets clients in person at 722 Gaskill Ave in Mt. Ephraim and virtually across New Jersey. She also handles Family Part matters; see TRO vs. FRO restraining orders and how New Jersey courts decide child custody.

The first 30-minute consultation for full representation is free. Bring your case numbers and old court papers, and talk to a lawyer about your case. Call (732) 642-5635 or use the contact form.