New Jersey: Adult Convictions (NJ-C-5)

Records relating to a conviction for prostitution, loitering for the purpose of engaging in prostitution, or a similar local ordinance can be vacated and expunged by the court if the petitioner's participation in the offense was a result of having been a victim of human trafficking. N.J. Stat. § 2C:44-1.1(a)(1).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No statutory language

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 prostitution and related offenses under section 2C:34-1, loitering for the purpose of engaging in prostitution under section section 2C:34-1.1, or a similar local ordinance. Convictions for murder pursuant to N.J.S.2C:11-3, manslaughter or aggravated manslaughter pursuant to N.J.S.2C:11-4, kidnapping pursuant to N.J.S.2C:13-1, luring or enticing a child pursuant to N.J.S.2C:13-6, and sexual assault pursuant to N.J.S.2C:14-2, are ineligible for expungement under this section.

Procedure General

The petition must be filed in the Superior Court in the county in which the most recent disposition was adjudged, and may include any other prior disposition which the person is seeking to be vacated, regardless of where that prior disposition occurred. For the specific procedure, see N.J. Stat. § 2C:44-1.1.

Fees

There is no statutory language regarding fees.

Effect

The court shall enter an order vacating the conviction, finding of guilt, or adjudication of delinquency and directing that all court records be revised accordingly, and the court order shall require that any court, law enforcement and correctional agency expunge all references to the person's arrest, charge, complaint, conviction, adjudication of delinquency, or other disposition, and any related proceedings from all records in their custody that relate to the vacated conviction. N.J. Stat. § 2C:44-1.1(d).

Forms

There is no statutory language on forms.

Waiting Periods

The petition must be filed within a reasonable time after the person has ceased to be a victim of human trafficking or has sought services for being a victim of human trafficking, subject to reasonable safety concerns.

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