New Jersey: Adult Diversion/Deferral Program (NJ-D-1)

Records relating to criminal offenses that were discharged after successful completion of a special probation may be expunged by the court. N.J. Stat. § 2C:35-14(m)(5).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Offenses specified in sections 2C:52-2(b) and (c) or who has been convicted of any crime or offense since the date of discharge from special probation are ineligible for expungement. Additionally, no application for expungement shall be considered until any pending charges are disposed. N.J. Stat. § 2C:35-14(m)(5).

Procedure General

Application must be submitted upon the successful completion of special probation to the Superior Court in the county in which the person was sentenced to special probation. N.J. Stat. § 2C:35-14(m).

Fees

No fee shall be charged to a person eligible for relief pursuant to this paragraph. N.J. Stat. § 2C:35-14(m)(5).

Effect

Superior Court shall consider the person's verified petition and may order the expungement of all records and information relating to all arrests, detentions, convictions, and proceedings of the person that existed at the time of discharge from special probation as appropriate. The court shall grant the relief requested unless it finds that the need for the availability of the records outweighs the desirability of having the person freed from any disabilities associated with their availability, or it finds that the person is otherwise ineligible for expungement. N.J. Stat. § 2C:35-14(m)(5).

Forms

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

Waiting Periods

There is no statutory language regarding a waiting period.

Back to New Jersey