A Comprehensive and User-Friendly Chart That Outlines The Eligibility Requirements For The Expungement of Criminal Records in New Jersey
| Type of Offense | Eligibility | Waiting Period* | Expungement Statute |
|---|---|---|---|
| Arrest Not Resulting in Conviction (i.e., dismissal, acquittal, finding of not guilty) | No limit | None - eligible immediately | N.J.S.A. 2C:52-6 |
| Pre-Trial Intervention, Conditional Discharge, and/or Conditional Dismissal | No limit | 6 months from date of dismissal | N.J.S.A. 2C:52-6 |
| Individual Juvenile Records | Same as for adult offenses | Same waiting periods for adult offenses by type | N.J.S.A. 2C:52-4.1(a) |
| Entire Juvenile Record | Can expunge entire record | 3 years | N.J.S.A. 2C:52-4.1(b) |
| Municipal Ordinance Violations | No limit if no felonies and no more than 2 disorderly persons | 2 years | N.J.S.A. 2C:52-4 |
| Disorderly Persons (Misdemeanor) Convictions | Up to 5 if no indictables/felonies OR up to 3 if one indictable/felony (exceptions apply for "crime spree" cases) | 5 years or 3 years if “early pathway” expungement | N.J.S.A. 2C:52-3 |
| Indictable (Felony) Conviction | 1 if no more than 3 disorderly persons convictions OR the most recent indictable conviction if two indictable convictions (exceptions apply for "crime spree" cases) | 5 years or 4 years for “early pathway” expungement | N.J.S.A. 2C:52-2 |
| New Jersey Drug Court Graduate (Recovery Court) | No limit | None | N.J.S.A. 10 years N.J.S.A. 2C:52-2 New Jersey Drug Court No limit None N.J.S.A. Graduate (Recovery Court) 2C:35-14(m) |
| Clean Slate Expungement | No limit | 10 years | N.J.S.A.2C:52-5.3 |
| Fourth-degree indictable marijuana convictions and disorderly persons marijuana convictions | No limit | None- eligible immediately | N.J.S.A. 2C:52-5.1 |
| Third-degree indictable marijuana convictions | Treated as disorderly persons offense | 3 years | N.J.S.A. 2C:52-5.1 |
| Certain Drug Convictions for Young Drug Offenders (21 and younger) | No limit if for possession or use of CDS | 1 year | N.J.S.A. 2C:52-5 |
*It's important to keep in mind that waiting periods for expungement eligibility don't begin until the completion date of your sentence, which includes paying any fines or restitution, finishing probation or parole, or being released from incarceration - whichever comes later. To give an example, if you were sentenced to one year of probation after being convicted of a disorderly person offense on April 3, 2014, your waiting period would not begin until you successfully completed probation around April 3, 2015. However, there are some exceptions when it comes to paying fines or restitution.
New Jersey Marijuana Statutes Eligible for Expedited Expungement
| 2C:35-(b)(12) | Distribution of marijuana or hashish ONLY IF < 1 ounce marijuana OR < 5 grams hashish |
|---|---|
| 2C:35-10(a)(3) | Possession of marijuana or hashish ONLY IF > 50 grams OR > 5 grams hashish |
| 2C:35-10(a)(4) | Possession of marijuana or hashish ONLY IF < 50 grams marijuana OR < 5 grams hashish |
| 2C:35-10(b) | Under the Influence of CDS ONLY IF the CDS was marijuana or hashish |
| 2C:35-10(c) | Failure to properly dispose of CDS ONLY IF the CDS was marijuana or hashish |
| 2C:36-2 | Possession of drug paraphernalia when the paraphernalia was used, or was possessed with intent to be used, to ingest, inhale, or otherwise introduce marijuana or hashish into the body |
| 39:4-49.1 | Possession of CDS in a vehicle ONLY IF the CDS is marijuana or hashish |
| 2C:36A-1 | Disorderly persons offenses or petty disorderly persons offenses subject to conditional discharge pursuant to one of the mentioned statutes |