New Jersey Expungement Eligibility Chart

Type of Offense Eligibility Waiting Period*Expungement Statute
Arrest Not Resulting in Conviction (i.e., dismissal, acquittal, finding of not guilty)No limitNone - eligible immediatelyN.J.S.A. 2C:52-6
Certain Drug Convictions for Young Drug Offenders (21 and younger)No limit if for possession or use of CDS1 yearN.J.S.A. 2C:52-5
Disorderly Persons (Misdemeanor) Convictions Up to 3 if no felonies OR up to 2 if one felony5 years or 3 years if “early pathway” expungement N.J.S.A. 2C:52-3
Entire Juvenile RecordCan expunge entire record 5 years N.J.S.A. 2C:52-4.1(b)
Indictable (Felony) Conviction1 if no more than 2 disorderly persons convictions10 years or 5 years for “early pathway” expungementN.J.S.A. 2C:52-2
Individual Juvenile RecordsSame as for adult offensesSame waiting periods for adult offenses by typeN.J.S.A. 2C:52-4.1(a)
Municipal Ordinance Violations No limit if no felonies and no more than 2 disorderly persons 2 years N.J.S.A. 2C:52-4
New Jersey Drug Court Graduate No limit None N.J.S.A. 2C:35-14
Pre-Trial Intervention, Conditional Discharge, and/or Conditional DismissalNo limit 6 months from date of dismissalN.J.S.A. 2C:52-6

* Please note that the waiting periods do not start running until the date of completion of sentence including payment of fine, completion of probation or parole, or release from incarceration, whichever is later.  Thus, if on April 3, 2014, you were convicted of a disorderly person offense and were sentenced to one year of probation, your waiting period would not start running until you successfully completed probation on or about April 3, 2015.

**Also please note, however, that if 10 years (or 5 years for disorderly persons offenses) have passed since you completed everything except for payment of fines, you may be able to expunge your conviction sooner. See N.J.S.A. 2C:52-2(a)(1) for indictable offenses and N.J.S.A. 2C:52-3(b)(1) for disorderly persons convictions.