New Jersey: Adult Convictions (NJ-C-3)

Records relating to a disorderly persons or petty disorderly persons conviction may be expunged by the court five years after sentence completion for a person with no indictable offense conviction and no more than five disorderly persons or petty disorderly persons convictions. Multiple offenses may be treated as one if convictions were entered on the same day or offenses were "interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time". N.J. Stat. § 2C:52-3(a), (b).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to convictions for disorderly persons or petty disorderly persons offenses. See subsection N.J. Stat. § 2C:52-3(a).

Procedure General

The petition must be filed in Superior Court in the county of conviction. The person, if eligible, may present the expungement application after the expiration of a period of five years from the date of his most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later. For the specific procedure, see N.J. Stat. §§ 2C:52-3, 2C:52-7 et seq.

Fees

All fees related to a court ordered financial assessment must be paid. See, N.J. Stat. § 2C:52-3(b).

Effect

Records are not released or utilized other than for specified purposes. The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in the circumstances specified in section 2C:52-27.

Forms

For information regarding clearing a record in New Jersey, visit here.

Waiting Periods

The petition may be filed not less than five years after sentence completion, including payment of any fine. For situations in which the petition may be filed sooner, see N.J. Stat. § 2C:52-3(b).

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