New Jersey: Juvenile Court Records and Law Enforcement Records (NJ-AR-5)

Records relating only more than one but less than five adjudications that would have constituted disorderly or petty disorderly persons offenses 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 five years have elapsed from the most recent adjudication, payment of fine, completion of probation, or release from commitment, whichever is later. N.J. Stat. § 2C:52-3.

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 adjudicated of any prior or subsequent offense or convicted of any prior or subsequent crime. N.J. Stat. § 2C:52-3(b).

Procedure General

A petition must be filed with the court in the county of adjudication. For the specific procedure, see N.J. Stat. § 2C:52-3, 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

A petition can be filed after five years from the date of the petitioner's most recent adjudication, payment of fine, satisfactory completion of probation, or release from placement, whichever is later. However, the waiting period is waivable. For the factors the court will consider in determining whether to waive the five-year waiting period, see section 2C:52-3(b).

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