NJ Expungement: Eligibility, Costs, Timeline & Step-by-Step Guide
What Is NJ Expungement?
NJ expungement is the legal process to seal or remove eligible criminal and municipal records from public access in New Jersey. It allows individuals to restrict the public view of arrests, convictions, or municipal offenses—so that employers, landlords, and the public no longer see them during standard background checks.
Expungement helps people seeking employment, housing, professional licensing, or simply a fresh start after a mistake.
Eligibility: Which Offenses Can and Cannot Be Expunged
Eligibility depends on the type of offense, final disposition, and waiting period under New Jersey law.
Eligible offenses:
Most indictable (felony) and disorderly persons (misdemeanor) convictions.
Certain municipal violations after waiting periods.
Dismissals or arrests without convictions (often immediately eligible).
Ineligible offenses:
Certain sex crimes, Megan’s Law offenses, and serious violent felonies.
Repeat offenders with multiple serious convictions.
Exceptions exist for vacated convictions, pardons, or older cases under limited circumstances.
Waiting Periods & Multiple Convictions
Waiting periods vary:
Dismissals / arrests without conviction: Immediate eligibility.
Disorderly persons offenses: 3 years after sentence completion.
Indictable offenses: 5–10 years depending on degree and sentence served.
If multiple convictions exist, waiting periods run from the last completed sentence. Municipal vs. Superior Court timelines differ—verify before filing.
Step-by-Step: How to File for Expungement in NJ
Obtain your State Police criminal history record.
Confirm eligibility and waiting periods.
Complete the correct expungement forms for Superior or Municipal Court.
File your petition with the appropriate county court clerk.
Serve copies on the county prosecutor and law enforcement agencies.
Attend your hearing if scheduled.
If granted, confirm transmission of the expungement order to State Police, FBI, and court agencies.
Timeline: Most cases take 3–9 months, while complex or contested cases can take 9–18 months.
Costs, Fee Waivers & Common Delays
Court filing fees: Vary by county (expect $75–$100 plus mailing).
Fee waivers: Available via an Affidavit of Indigence if you qualify.
Delays: Often due to incomplete service, missing documentation, or waiting for FBI records.
Legal aid or expungement attorneys can help reduce these issues and speed up processing.
What Expungement Actually Does
Once approved, an expungement seals your criminal record from most background checks.
Hidden from: Public databases, employer and landlord background checks.
Still visible to:
New Jersey State Police
Federal agencies (FBI)
Licensing boards and certain government employers
Law enforcement during investigations
If an agency fails to remove sealed records, you can file a motion to enforce the expungement order.
Juvenile, Municipal, and Out-of-State Records
Juvenile records: Often eligible with shorter waiting periods.
Municipal vs. Superior Court: File in the court where the conviction occurred.
Out-of-state convictions: NJ expungement does not seal out-of-state records; you must apply in the original jurisdiction.
DIY vs Hiring an Expungement Lawyer
You may file pro se (on your own) for simple cases, but hire a lawyer if:
You have multiple convictions or overlapping waiting periods.
The prosecutor objects or a hearing is scheduled.
You have disqualified offenses or out-of-state complications.
An experienced New Jersey expungement attorney ensures accuracy, proper service, and representation at hearings.
Common Mistakes & Checklist
Avoid these pitfalls:
Filing in the wrong court
Failing to serve all required parties
Missing documentation or criminal record reports
Quick checklist:
☑ Obtain your State Police criminal record
☑ Verify eligibility & waiting periods
☑ Complete proper forms
☑ Serve prosecutor & police by certified mail
☑ Attend court hearing if scheduled
☑ Verify expungement order enforcement
FAQ
Q: How long does NJ expungement take?
A: Typically 3–9 months; longer if contested or awaiting FBI responses.
Q: Does expungement clear my record completely?
A: It seals records from most public checks, though certain agencies retain access.
Q: Can juvenile records be expunged?
A: Yes—juvenile adjudications often qualify with shorter timelines.
Q: How much does expungement cost in NJ?
A: Expect court and mailing fees; waivers are available for low-income applicants.
