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How Does Expungement Work In New Jersey?

An arrest or conviction for a criminal or disorderly persons offense on a background check can severely limit your career opportunities, housing options, and ability to secure a student loan, but it doesn’t have to. New Jersey has seen extensive expungement law reform in recent years. The expungement process is now faster and more accessible for individuals affected by a criminal background. 

If you’re eligible for expungement in New Jersey, a second chance could be an opportunity to explore with our experienced attorneys who can answer your question:  

How does expungement work in New Jersey?

Expunging criminal records in New Jersey

Even though the benefits of an expungement offer hope, it can also be an intimidating process for individuals. A thorough understanding of the process can make it less stressful. 

What is expungement? 

An expungement is a legal order instructing law enforcement agencies, courts, and correctional or detention facilities to remove, seal, impound, or isolate certain records and information related to: 

What expungement can do 

Expunged arrests and convictions will no longer appear on a standard criminal background check, and they will no longer be a matter of public record.

Expungement may improve your job and housing prospects because you will no longer be obligated to disclose your record. In fact, you’ll even have the legal right to indicate that you were not convicted or arrested at all. 

The expungement process 

Expungement involves numerous steps, but a detail-oriented approach to the process—as well as experienced legal support—can make the endeavor less overwhelming. Here’s what you need to know for expungement matters in New Jersey. 

How does expungement work in New Jersey?

The expungement process can be intricate and time-consuming. To maximize your chances of success, seek legal advice before attempting to navigate the New Jersey expungement law on your own.

Step 1: Determine whether you’re eligible for expungement in New Jersey

Start by meeting with an experienced criminal defense attorney to discuss the expungement process. You’ll need to provide some personal information, including whether you’ve ever changed your legal name. 

Answer every question honestly, because your petition must be accurate.  Certain cases may require obtaining your criminal history from the State Police. Your criminal defense attorney will review both your juvenile and adult records for key points, including: 

Attorneys use this information to verify that the crime is eligible for expungement, then prepare to file a petition with the court.

Step 2: File a petition for expungement

Once your attorney drafts the petition for expungement, you’ll need to sign it before it can be filed. Once the petition is filed, a judge from the Superior Court in the county where you were arrested or convicted will review it. 

The court will return an official copy of the filed expungement petition. 

Step 3: Serve the field expungement petition

Your criminal defense attorney will serve, or formally deliver, the filed petition to all applicable government agencies that were involved with your case. 

Then the judge will schedule a hearing date. If a hearing is necessary, the judge will decide whether the state should expunge your record. In many cases, it is unlikely that you’ll need to make a court appearance unless the county prosecutor objects to your expungement.  

What happens if the county prosecutor objects?

An objection from the county prosecutor doesn’t immediately mean that your expungement will not be granted. The county prosecutor will submit a letter detailing the reason for the objection. 

Depending on the reason, you and your attorney may need to provide a written rebuttal. Additional paperwork or evidence proving that your arrest or conviction is eligible for expungement may also be necessary.


Some common reasons that county prosecutors object include: 

The county prosecutor may also object on the basis that the need for an available record outweighs your expungement interest. For example, the prosecutor could argue that the record should remain in place because you’ve exhibited a dangerous pattern of behavior. 

Step 4: The ruling

Based on all of the information provided, the judge will decide whether or not your record should be cleared. 

Step 5: Serve the expungement order 

Your record will not be “clean” immediately after the judge issues the order. Your criminal defense attorney must serve the expungement order to all relevant governmental agencies.

It may take months for the records to be fully removed in accordance with the court order. Once the expungement process is complete, you’ll receive a confirmation letter from the New Jersey State Police. 

Is there a waiting period before criminal records can be expunged?

Yes. The waiting period to file a petition to expunge your record varies depending on the specific offense and the type of expungement you seek.  Our criminal attorneys will discuss the time periods applicable to your specific expungement.

Are certain crimes or felonies ineligible for expungement? 

Yes. The following crimes can’t be expunged in New Jersey: 

You could also be considered ineligible for expungement if you were caught attempting to commit or conceal any of these crimes.

How long does the expungement process take? 

Although seeking legal advice early in the process may shorten your timeline, you can expect the entire expungement journey to take anywhere from six to twelve months. 

We know how eager you are to move forward with your life after a criminal record has turned it upside down. Criminal record expungements take time but are well worth the wait and the financial investment. 

The sooner you begin to prepare your petition, the sooner your new life can begin. If you are ready to explore an expungement, contact Dughi, Hewit, & Domalewski today to schedule your free expungement consultation.

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