On certain convictions vacated, expunged, the New Jersey text is N.J. Stat. Ann. § 2C:44-1.1. The statute says: “A person convicted of an offense or other violation of law, except 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.”
Petitions the courts already decided
G.D. v. Bernard Kenny and the Hudson County Democratic Organization, 205 N.J. 275 (2011) is worth reading in full. The opinion puts it this way: “No reasonable expectation of privacy exists in information that was public for many years before expungement and remained accessible after expungement.”
In the Matter of the Expungement Application of D.J.B. (070973), 216 N.J. 433 (2014) is worth reading in full. The opinion puts it this way: “The Court held that the sentence applies only to the expungement of juvenile adjudications and does not affect the analysis under 2C:52-2.”
The petition and the sections next to it
Read N.J. Stat. Ann. § 2C:52-5.1 when the issue is who may ask. The statute says: “Notwithstanding the requirements of N.J.S.2C:52-2 and N.J.S.”
N.J. Stat. Ann. § 2C:52-5.3 deals with "Clean slate" expungement by petition. The statute says: “A person, who is not otherwise eligible to present an expungement application pursuant to any other section of chapter 52 of Title 2C of the New Jersey Statutes or other section of law, may present an expungement application to the…”
Read N.J. Stat. Ann. § 2C:52-10.1 when the issue is system to electronically file expungement applications. The statute says: “No later than twelve months after the effective date of this section, the Administrative Office of the Courts shall develop and maintain a system for petitioners to electronically file expungement applications pursuant to N.J.S.2C:52-1 et seq.”
When a different section applies
On conditions for expungement of conviction, finding of guilt, or adjudication of delinquency, the New Jersey text is N.J. Stat. Ann. § 2C:52-5.5. A juvenile record uses this section rather than the adult petition. The statute says: “Notwithstanding the requirements of N.J.S.2C:52-2 and N.J.S.2C:52-3 or any other provision of law to the contrary, a person convicted of an offense or other violation of law, except for murder or a crime enumerated in subsection b. of section 2 of P.L.1994, c.133 (C.”
What an order changes
N.J. Stat. Ann. § 2C:52-27 deals with what the order does. Read it for what a granted order changes. The statute says: “Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows: a.”
Filing order
- Open N.J. Stat. Ann. § 2C:44-1.1 and read the part on certain convictions vacated, expunged. Everything else in the filing has to fit that section.
- Ask the clerk which local form that New Jersey county uses, then check the form against N.J. Stat. Ann. § 2C:44-1.1.
- If the person was a juvenile, move to N.J. Stat. Ann. § 2C:52-5.5 instead of forcing the case into the adult section.
- If the court grants the petition, N.J. Stat. Ann. § 2C:52-27 is what the order actually changes.
- Then read G.D. v. Bernard Kenny and the Hudson County Democratic Organization, 205 N.J. 275 (2011). That is a New Jersey court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in New Jersey?
New Jersey uses N.J. Stat. Ann. § 2C:44-1.1 for certain convictions vacated, expunged. The statute says: “A person convicted of an offense or other violation of law, except 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.”
What does a granted New Jersey order change?
On what the order does, the New Jersey text is N.J. Stat. Ann. § 2C:52-27. Read it for what a granted order changes. The statute says: “Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows: a.”
Does New Jersey use a different statute when the person was under eighteen?
Read N.J. Stat. Ann. § 2C:52-5.5 when the issue is conditions for expungement of conviction, finding of guilt, or adjudication of delinquency. A juvenile record uses this section rather than the adult petition. The statute says: “Notwithstanding the requirements of N.J.S.2C:52-2 and N.J.S.2C:52-3 or any other provision of law to the contrary, a person convicted of an offense or other violation of law, except for murder or a crime enumerated in subsection b. of section 2 of P.L.1994, c.133 (C.”
How have New Jersey courts ruled on expungement?
G.D. v. Bernard Kenny and the Hudson County Democratic Organization, 205 N.J. 275 (2011) “No reasonable expectation of privacy exists in information that was public for many years before expungement and remained accessible after expungement.”
Nothing on this page is a prediction of how a New Jersey judge will rule. N.J. Stat. Ann. § 2C:44-1.1 is the text the petition has to satisfy.