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Expungement or clean slate expungement in New Jersey

Can I clear my record in New Jersey?

New Jersey expungement removes and isolates records of arrests, charges and convictions, and the law treats them as if they never happened, with limited exceptions such as applying for a job with the judiciary, law enforcement or corrections.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes New Jersey law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

People with one crime (plus up to three disorderly persons offenses), or with only disorderly persons offenses (up to five), can usually apply 5 years after their last conviction or sentence, and sometimes sooner. People with longer records may be able to use 'Clean Slate' expungement after 10 years, though some serious crimes can never be expunged. There is no filing fee, and most people file online. DWI cannot be expunged because it is a motor vehicle offense.1,2,3,4

Checked October 21, 2026 against 25 sources, starting with New Jersey law, then by a second reader.

What it's called
Expungement or clean slate expungement1,2,3
Automatic clearing
Limited1,9,12
DUI or DWI
Can't be cleared13,14
Filing fee
No filing fee1,2,3
Fee waiver
Not confirmed

Expungement

Expungement

Expungement means the extraction and isolation of records held by courts, correctional facilities and law enforcement. Once granted, the arrest, conviction and related proceedings are deemed not to have occurred, and you may answer questions about them accordingly. There are exceptions: you must reveal expunged records when applying for a job with the judiciary or a law enforcement or corrections agency, and you must disclose a prior expungement to a court deciding on diversion for a later charge (N.J.S.A. 2C:52-27). After the State Police finish processing, fingerprint-based checks should no longer show the record. Private background-check companies are not updated automatically, so you may need to send them the order (NJ Office of the Public Defender).1,2,3

What it's for: Convictions for crimes (indictable offenses), disorderly and petty disorderly persons offenses, and municipal ordinance violations, plus arrests and charges that did not lead to a conviction.

Who can use it

  • Crimes (indictable offenses): one crime; or one crime plus no more than three disorderly or petty disorderly persons offenses; or several crimes (or crimes plus lesser offenses) listed in a single judgment; or several closely related crimes committed within a short period. In each case you cannot have a later conviction for another crime (or, on the one-crime-plus-three path, a later lesser offense that takes you past three). The statute says a prior conviction for another crime does not by itself bar you from applying, but a prior expungement generally does (N.J.S.A. 2C:52-2(a), 2C:52-14(e)). The Judiciary's self-help page sums this up as no more than one indictable conviction plus up to three disorderly persons offenses; the single-judgment and closely-related routes can cover more than one crime.
  • Disorderly or petty disorderly persons offenses only, with no crime conviction anywhere: no more than five such convictions, or multiple ones entered the same day, or related offenses from a short period (N.J.S.A. 2C:52-3).
  • Municipal ordinance violations, if you have no crime conviction and no more than two disorderly or petty disorderly persons offenses (N.J.S.A. 2C:52-4).
  • Unpaid fines or other court-ordered assessments do not block expungement if the nonpayment was not willful. The court enters a civil judgment for the balance, and the State Treasurer collects it (N.J.S.A. 2C:52-2, 2C:52-3).

What doesn't qualify

  • Criminal homicide (except death by auto and strict-liability vehicular homicide), kidnapping, luring or enticing, human trafficking, sexual assault and aggravated sexual assault, aggravated criminal sexual contact, and certain criminal sexual contact, restraint or false imprisonment involving a minor (N.J.S.A. 2C:52-2(b)).
  • Robbery, arson, perjury and false swearing, terrorism and offenses involving chemical, biological or nuclear weapons, specified child endangerment, child pornography and child prostitution offenses, and conspiracies or attempts to commit any of these (N.J.S.A. 2C:52-2(b)).
  • Selling or distributing a controlled dangerous substance, or possessing it with intent to sell, unless it involved less than one ounce of marijuana or less than five grams of hashish, or was a third- or fourth-degree offense and the court finds compelling circumstances (N.J.S.A. 2C:52-2(c)).
  • Crimes by a public officer or employee that involved or touched their office, position or employment (N.J.S.A. 2C:52-2(b)).
  • Motor vehicle offenses in Title 39, including DWI (N.J.S.A. 2C:52-28).
  • A prior expungement can bar a new regular expungement (N.J.S.A. 2C:52-14(e)), but not a Clean Slate expungement.

How long you have to wait

RecordWaiting period
Crime (indictable offense)5 years from the latest of the conviction, payment of fines and assessments, completion of probation or parole, or release from prisonEarly pathway: at least 4 years if you have no conviction since and the court finds compelling circumstances. The prosecutor may object (N.J.S.A. 2C:52-2(a)).
Disorderly or petty disorderly persons offenses5 years from the latest of the conviction, payment of fines, completion of probation or parole, or releaseEarly pathway: at least 3 years with no later conviction and a finding of compelling circumstances (N.J.S.A. 2C:52-3).
Municipal ordinance violation2 years from the latest of the conviction, payment of the fine, or completion of probation or releaseN.J.S.A. 2C:52-4
Fines paid less than 5 years ago, but otherwise eligibleMay be granted earlyAllowed if you substantially complied with a payment plan or could not pay because of compelling circumstances (N.J.S.A. 2C:52-2, 2C:52-3).

Some records clear automatically. When charges are dismissed or you are acquitted, the Superior Court must order expungement of the arrest at that time (N.J.S.A. 2C:52-6(a)). Many older marijuana and hashish cases were expunged by operation of law (N.J.S.A. 2C:52-6.1). Convictions are not expunged automatically; see Clean Slate.

How to apply

  1. Gather your case numbers and details. You can watch the Judiciary's training videos and use the Legal Services of New Jersey guide.
  2. Create an account in the New Jersey Courts' eCourts Expungement System ('First Time User'), log in, choose 'Initiate Expungement' and enter a case number.
  3. Choose 'Regular' expungement, update your address, and review the cases the system finds. Add any out-of-state charges; they are not expunged but must be disclosed.
  4. Complete the verifications, including a compelling-circumstances statement if you are using the early pathway, then review the petition and proposed order and submit.
  5. The court and prosecutor review the petition, and the prosecutor may object. Attend a hearing if one is scheduled.
  6. After the order is granted, the New Jersey State Police process it. Track the status on the NJSP Expungement Status Portal, and send the order to private background-check companies (NJ Office of the Public Defender).
Where to file
The Superior Court in the county where you live or where a conviction was entered, filed online through the eCourts Expungement System (N.J.S.A. 2C:52-3, 2C:52-4; NJ Office of the Public Defender).
Cost
Applicants 'shall not be charged a fee for applying for an expungement' (N.J.S.A. 2C:52-29). P.L.2019, c.269 removed the old filing fee, and the Judiciary's kit was updated in June 2020 to remove it. Paper filers may pay for postage and certified mail.
Court hearing
Sometimes

Official forms

Expungement

Clean Slate expungement (by petition)

Expunges all of your eligible convictions and related records, with the same effect as a regular expungement (N.J.S.A. 2C:52-5.3, 2C:52-27).1,9,11

What it's for: People with any number of crimes, disorderly persons offenses and ordinance violations who do not qualify for a regular expungement.

Who can use it

  • You have one or more convictions of any kind and are not otherwise eligible under the regular rules (N.J.S.A. 2C:52-5.3(a)).
  • Ten years have passed since the latest of your most recent conviction, payment of court-ordered fines and assessments, completion of probation or parole, or release from prison (N.J.S.A. 2C:52-5.3(b)).
  • A prior expungement does not bar you (N.J.S.A. 2C:52-5.3(a)).
  • Unpaid assessments do not block relief if the nonpayment was not willful; the court enters a civil judgment for the balance. If you paid off assessments less than 10 years ago, the court may still grant relief if you substantially complied with a payment plan or could not pay because of compelling circumstances (N.J.S.A. 2C:52-5.3(c)).

What doesn't qualify

  • Anyone with a conviction for a crime that can never be expunged under N.J.S.A. 2C:52-2(b) or (c): see the regular expungement exclusions.
  • Motor vehicle offenses in Title 39, including DWI (N.J.S.A. 2C:52-28).

How long you have to wait

RecordWaiting period
Any number of eligible convictions10 years from the latest of the most recent conviction, payment of assessments, completion of probation or parole, or releaseN.J.S.A. 2C:52-5.3(b)

How to apply

  1. In the eCourts Expungement System, start an expungement and choose 'Clean Slate' instead of 'Regular'.
  2. Include all of your cases, complete the verifications, review the petition and proposed order, and submit (NJ Office of the Public Defender).
  3. The prosecutor may object; attend any hearing that is scheduled.
Where to file
The Superior Court in the county where you live or where one of the convictions was entered, filed through eCourts (N.J.S.A. 2C:52-5.3(b)).
Cost
No application fee (N.J.S.A. 2C:52-29).
Court hearing
Sometimes

Automatic clearing

P.L.2019, c.269 directs the state to build an automated 'clean slate' process that would make most convictions inaccessible to the public 10 years after the latest conviction or completion of sentence, with the same exclusions as regular expungement. It would restore the records if the person is later convicted of a non-expungeable crime (N.J.S.A. 2C:52-5.4). The law sets deadlines only for a task force, not for launching the system, and we could not confirm that it is running. The Public Defender's December 2025 pamphlet still describes Clean Slate as a petition filed through eCourts. Some relief is automatic now: dismissals and acquittals are expunged by the court when the case ends (N.J.S.A. 2C:52-6(a)), and many marijuana and hashish cases were expunged by operation of law in 2021 (N.J.S.A. 2C:52-6.1).1,9,12

DUI and DWI records in New Jersey

A DWI cannot be expunged. New Jersey's expungement law says 'Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39' (N.J.S.A. 2C:52-28), and New Jersey's DWI offense is in Title 39 (N.J.S.A. 39:4-50).13,14

Arrests and dismissed charges

When charges are dismissed, you are acquitted, or you are discharged without a conviction, the Superior Court must order expungement of the arrest records at that time. This does not apply if the dismissal was part of a plea deal in which you were convicted of other charges, unless that conviction is also expunged. If no expungement was ordered then, you can petition at any time. After pretrial intervention, conditional discharge or conditional dismissal, you must wait six months after the dismissal. Veterans Diversion and Mental Health Diversion participants can apply any time after dismissal. Relief is not available if the dismissal or acquittal was based on insanity or lack of mental capacity (N.J.S.A. 2C:52-6).15

Marijuana records

Cases decided before P.L.2021, c.19 took effect, where the conviction or adjudication was based only on listed marijuana or hashish offenses, were expunged by operation of law, with no petition. These offenses are distribution under 2C:35-5(b)(12), possession and use under 2C:35-10, related paraphernalia offenses, and disorderly persons offenses that got a conditional discharge. Any remaining sentence, supervision or unpaid assessments were vacated (N.J.S.A. 2C:52-6.1). Other listed marijuana and hashish offenses can be expunged by petition once you have finished any probation, parole or incarceration and paid court-ordered assessments (unpaid assessments do not block it if nonpayment was not willful), and the court 'shall immediately grant' it; distribution offenses under 2C:35-5(b)(11) need a 3-year wait (N.J.S.A. 2C:52-5.1). Courts must also order nondisclosure (sealing) of records for certain other marijuana and hashish convictions (N.J.S.A. 2C:52-5.2). Marijuana distribution under one ounce, or hashish under five grams, is not barred from regular expungement (N.J.S.A. 2C:52-2(c)).1,16,17,18

What employers can see afterward

After expungement, the arrest and conviction are deemed not to have occurred and you may answer questions accordingly, except for jobs with the judiciary or a law enforcement or corrections agency (N.J.S.A. 2C:52-27). New Jersey's Opportunity to Compete Act covers employers with 15 or more employees over 20 calendar weeks. During the initial application process, which ends after the first interview, these employers may not ask about criminal records, including expunged records, on applications, orally, in writing or through online forms. They may ask if you volunteer the information or after the first interview. They may not refuse to hire you because of a record that was expunged or erased by executive pardon (N.J.S.A. 34:6B-13, 34:6B-14). Exceptions in N.J.S.A. 34:6B-16 were not reviewed.5,19,20

Free help in New Jersey

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.21,22,23
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.24,25

This page explains New Jersey's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in New Jersey?" https://secondchanceindex.com/record-clearing/new-jersey, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. N.J.S.A. 2C:52-1 to 2C:52-32 (main eligibility rules in 2C:52-2, 2C:52-3, 2C:52-4)
  2. N.J.S.A. 2C:52-2 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  3. N.J.S.A. 2C:52-3 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  4. N.J.S.A. 2C:52-4 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  5. N.J.S.A. 2C:52-27 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  6. N.J.S.A. 2C:52-29 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  7. N.J.S.A. 2C:52-14 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  8. Expunge (Clear) Your RecordNew Jersey Courts
  9. New Jersey Expungement Process: FAQ & How-To (Expungement Pamphlet 12-2025)New Jersey Office of the Public Defender, Expungement Unit
  10. Record Expungement Kit (June 2020)New Jersey Administrative Office of the Courts (hosted by NJ Department of Corrections)
  11. N.J.S.A. 2C:52-5.3 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  12. N.J.S.A. 2C:52-5.4 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  13. N.J.S.A. 2C:52-28 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  14. N.J.S.A. 39:4-50, Driving while intoxicated (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  15. N.J.S.A. 2C:52-6 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  16. N.J.S.A. 2C:52-6.1 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  17. N.J.S.A. 2C:52-5.2 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  18. N.J.S.A. 2C:52-5.1 (2025 text, republished; amended by P.L.2023, c.260)Justia, republishing the New Jersey Revised Statutes
  19. N.J.S.A. 34:6B-14 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  20. N.J.S.A. 34:6B-13 (2025 text, republished)Justia, republishing the New Jersey Revised Statutes
  21. List of consumer reporting companiesConsumer Financial Protection Bureau
  22. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  23. Employer Background Checks and Your RightsFederal Trade Commission
  24. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  25. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)