New Jersey: Juvenile Court Records and Law Enforcement Records (NJ-AR-3)

Records relating to an adjudication that would have constituted a crime if committed by an adult can be expunged upon petition, so long as the person is not subject to a disqualifying event and at least 3 years since the final discharge of the person from legal custody or supervision or 3 years have elapsed after the entry of any since the final discharge of the person from legal custody or supervision or three years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the 3 year period N.J. Stat. § 2C:52-4.1(b).

Record Detail(s)

Charges adjudicated

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

A person is ineligible to expunge the record under this column if the person has been: (a) adjudicated of any prior or subsequent offense; (b) convicted of any prior or subsequent crime; or (c) convicted of a disorderly persons or petty disorderly persons offense on more than two occasions. N.J. Stat. Ann. § 2C:52-2(a). See N.J. Stat. § 2C:52-2. for a list of ineligible offenses.

Procedure General

A petition must be filed with the court in the county of adjudication. For the specific procedure, see N.J. Stat. §§ 2C:52-2, 2C:52-7 et seq.

Fees

Payment of fees is not required. N.J. Stat. § 2C:52-29.

Effect

Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1. If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27.

Forms

There is no statutory language on forms.

Waiting Periods

The waiting period is three years.

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