2C:52-25. Retroactive application

 This chapter shall apply to arrests and convictions which occurred prior to,  and which occur subsequent to, the effective date of this act.

2C:52-24. County prosecutor's obligation to ascertain propriety of petition

  Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein any petition for expungement is filed to verify the accuracy of the allegations contained in the  petition for expungement and to bring to the court's attention any facts which  may be a bar to, or which may make inappropriate the granting of, such relief.   If no disabling, adverse or relevant information is ascertained other than  that as included in the petitioner's affidavit, such facts shall be  communicated by the prosecutor to the hearing judge.

2C:52-22. Use of expunged records by parole board

  Expunged records, or sealed records under prior law, of prior disorderly persons, petty disorderly persons and criminal convictions shall be provided to  the Parole Board when same are requested for the purpose of evaluating the granting of parole to the person who is the subject of said records. Such sealed or expunged records may be used by the Parole Board in the same manner and given the same weight in its considerations as if the records had not been expunged or sealed.

2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs

  Expunged records may be used by any judge in determining whether to grant or  deny the person's application for acceptance into a supervisory treatment or  diversion program for subsequent charges.  Any expunged records which are possessed by any law enforcement agency may be supplied to the Attorney General, any county prosecutor or judge of this State when same are requested and are to be used for the purpose of determining whether or not to accept a person into a supervisory treatment or diversion program for subsequent charges.

2C:52-19. Order of superior court permitting inspection of records or release of information; limitations

 Inspection of the files and records, or release of the information contained  therein, which are the subject of an order of expungement, or sealing under  prior law, may be permitted by the Superior Court upon motion for good cause  shown and compelling need based on specific facts. The motion or any order  granted pursuant thereto shall specify the person or persons to whom the  records and information are to be shown and the purpose for which they are to  be utilized.  Leave to inspect shall be granted by the court only in those  instances where the subject matter of the records of arrest or conviction is  the object of litigation or judicial proceedings.  Such records may not be  inspected or utilized in any subsequent civil or criminal proceeding for the  purposes of impeachment or otherwise but may be used for purposes of sentencing  on a subsequent offense after guilt has been established.

2C:52-18. Supplying information to violent crimes compensation board

 Information contained in expunged records may be supplied to the Violent Crimes Compensation Board, in conjunction with any claim which has been filed with said board.

2C:52-17. Use of expunged records by agencies on pending petition for expungement

  Expunged records may be used by the agencies that possess same to ascertain  whether a person has had prior conviction expunged, or sealed under prior law,  when the agency possessing the record is noticed of a pending petition for the  expungement of a conviction.  Any such agency may supply information to the  court wherein the motion is pending and to the other parties who are entitled  to notice pursuant to 2C:52-10.

2C:52-16. Expunged record including names of persons other than petitioner

  Any record or file which is maintained by a judicial or law enforcement agency, or agency in the criminal justice system, which is the subject of an order of expungement which includes the name or names of persons other than that of the petitioner need not be isolated from the general files of the agency retaining same if the other persons named in said record or file have not been granted an order of expungement of said record, provided that a copy of the record shall be given to the person designated in 2C:52-15 and the original shall remain in the agency's general files with the petitioner's name and other personal identifiers obliterated and deleted.

2C:52-15. Records to be removed; control

If an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the agencies which have been noticed of the pendency of petitioner's motion and which are, by the provisions of this chapter, entitled to notice, and shall be placed in the control of a person who  has been designated by the head of each such agency which, at the time of the  hearing, possesses said records.  That designated person shall, except as otherwise provided in this chapter, insure that such records or the information  contained therein are not released for any reason and are not utilized or  referred to for any purpose.  In response to requests for information or  records of the person who was arrested or convicted, all noticed officers,  departments and agencies shall reply, with respect to the arrest, conviction or  related proceedings which are the subject of the order, that there is no record information.

2C:52-14 Grounds for denial of relief.

A petition for expungement filed pursuant to this chapter shall be denied when:

a.Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief.

b.The need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in this chapter.  An application may be denied under this subsection only following objection of a party given notice pursuant to 2C:52-10 and the burden of asserting such grounds shall be on the objector, except that in regard to expungement sought for third or fourth degree drug offenses pursuant to paragraph (3) of subsection c. of N.J.S.2C:52-2, the court shall consider whether this factor applies regardless of whether any party objects on this basis.

c.In connection with a petition under section 2C:52-6, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges.  This bar, however, shall not apply once the conviction is itself expunged.

d.The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body.

e.A person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition.  This provision shall not apply:

(1)When the person is seeking the expungement of a municipal ordinance violation or,

(2)When the person is seeking the expungement of records pursuant to section 2C:52-6.

f.The person seeking the relief of expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense has prior to or subsequent to said conviction been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversion program.

2C:52-13. When hearing on petition for expungement shall not be held

  No petition for relief made pursuant to this section shall be heard by any court if the petitioner, at the time of filing or date of hearing, has a charge  or charges pending against him which allege the commission of a crime, disorderly persons offense or petty disorderly persons offense. Such petition shall not be heard until such times as all pending criminal and or disorderly persons charges are adjudicated to finality.

2C:52-12. Denial of relief although no objection entered

 In the event that none of the persons or agencies required to be noticed under 2C:52-10 has entered any objection to the relief being sought, the court may nevertheless deny the relief sought if it concludes that petitioner is not entitled to relief for the reasons provided in section 2C:52-14.

2C:52-11. Order expungement where no objection prior to hearing

  If, prior to the hearing, there is no objection from those law enforcement agencies notified or from those offices or agencies which are required to be served under 2C:52-10, and no reason, as provided in section 2C:52-14, appears to the contrary, the court may, without a hearing, grant an order directing the  clerk of the court and all relevant criminal justice and law enforcement agencies to expunge records of said disposition including evidence of arrest, detention, conviction and proceedings related thereto.

2C:52-10. Service of petition and documents

  A copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the rules of court upon the Superintendent of State  Police;  the Attorney General;  the county prosecutor of the county wherein the  court is located;  the chief of police or other executive head of the police  department of the municipality wherein the offense was committed; the chief  law enforcement officer of any other law enforcement agency of this State which participated in the arrest of the individual;  the superintendent or warden of  any institution in which the petitioner was confined;  and, if a disposition  was made by a municipal court, upon the magistrate of that court. Service  shall be made within 5 days from the date of the order setting the date for the  hearing upon the matter.

2C:52-9. Order fixing time for hearing

  Upon the filing of a petition for relief pursuant to this chapter, the court  shall, by order, fix a time not less than 35 nor more than 60 days thereafter  for hearing of the matter.

2C:52-8. Statements to accompany petition

 There shall be attached to a petition for expungement:

    a.  A statement with the affidavit or verification that there are no disorderly persons, petty disorderly persons or criminal charges pending against the petitioner at the time of filing of the petition for expungement.

    b.  In those instances where the petitioner is seeking the expungement of a  criminal conviction, a statement with affidavit or verification that he has never been granted expungement, sealing or similar relief regarding a criminal conviction by any court in this State or other state or by any Federal court. "Sealing"  refers to the relief previously granted pursuant to P.L.1973, c. 191 (C. 2A:85-15 et seq.).

    c.  In those instances where a person has received a dismissal of a criminal  charge because of acceptance into a supervisory treatment or any other  diversion program, a statement with affidavit or verification setting forth the  nature of the original charge, the court of disposition and date of disposition.

2C:52-7. Petition for expungement

Every petition for expungement filed pursuant to this chapter shall be verified and include:

    a.  Petitioner's date of birth.

     b.  Petitioner's date of arrest.

     c.  The statute or statutes and offense or offenses for which petitioner was  arrested and of which petitioner was convicted.

     d.  The original indictment, summons or complaint number.

     e.  Petitioner's date of conviction, or date of disposition of the matter if  no conviction resulted.

     f.  The court's disposition of the matter and the punishment imposed, if any.

2C:52-6. Arrests not resulting in conviction

 a.  In all cases, except as herein provided, wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition as provided in section 2C:52-7 to  the Superior Court in the county in which the disposition occurred praying that  records of such arrest and all records and information pertaining thereto be  expunged.

    b.  Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, s. 27 (C. 24:21-27) or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.

    c.  Any person who has been arrested or held to answer for a crime shall be  barred from the relief provided in this section where the dismissal, discharge,  or acquittal resulted from a determination that the person was insane or lacked  the mental capacity to commit the crime charged.

2C:52-5. Expungement of records of young drug offenders

  Notwithstanding the provisions of sections 2C:52-2 and 2C:52-3, after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L. 1955, c. 277,  s. 3 (C. 2A:170-77.5), or convicted of violating P.L. 1962, c. 113,  s. 1 (C. 2A:170-77.8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person's conviction and all records pertaining thereto.  The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.L. 1955, c. 277,  s. 3 (C. 2A:170-77.5) or of P.L. 1962, c. 113,  s. 1 (C. 2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program.

   This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except:

   (1)  Marihuana, where the total sold, distributed or possessed with intent to sell was 25 grams or less, or

   (2)  Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less. 

2C:52-4.1 Juvenile delinquent; expungement of adjudications and charges.

1. a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows:

(1)Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult;

(2)Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or

(3)Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.

For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.

b.Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:

(1)Five years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;

(2)He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing of the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;

(3)He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;

(4)He has never had an adult conviction expunged; and

(5)He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.

c.Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6.

2C:52-4. Ordinances

 In all cases wherein a person has been found guilty of violating a municipal  ordinance of any governmental entity of this State and who has not been  convicted of any prior or subsequent crime, whether within this State or any  other jurisdiction, and who has not been adjudged a disorderly person or petty  disorderly person on more than two occasions, may, after the expiration of a  period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to the Superior Court in the county in which the violation occurred praying that such conviction and all records and information pertaining thereto  be expunged.

2C:52-3. Disorderly persons offenses and petty disorderly persons offenses 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses. Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 hereof to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.

 Disorderly persons offenses and petty disorderly persons offenses.  Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction,  or of another three disorderly persons or petty disorderly persons offenses,  may, after the expiration of a period of 5 years from the date of his  conviction, payment of fine, satisfactory completion of probation or release  from incarceration, whichever is later, present a duly verified petition as  provided in section 2C:52-7 hereof to the Superior Court in the county in which  the conviction was entered praying that such conviction and all records and  information pertaining thereto be expunged.

2C:52-2 Indictable offenses.

a.In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.

Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, although less than 10 years has expired in accordance with the requirements of the preceding paragraph where the court finds:

(1)less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or

(2)at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction.

In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person's age at the time of the offense, the person's financial condition and other relevant circumstances regarding the person's ability to pay.

Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.

b.Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.

Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); section 2C:24-4b(4) (Endangering the welfare of a child); section 2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); section 2C:24-4b.(5)(a) (Selling or manufacturing child pornography); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing); section 2C:34-1b.(4) (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

c.In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:

(1)Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;

(2)Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or

(3)Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner's character and conduct since conviction.

d.In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.