At Katherine O’Brien Law, we’ve advocated for our clients’ rights to a clean slate through expungement in New Jersey. However, recent challenges have emerged, particularly concerning the frustrating delays in processing expungement orders by the New Jersey State Police (NJSP). These delays have left many individuals in limbo, unable to move forward with their lives due to lingering criminal records.
The Current Situation
Despite the clear legal process outlined for expungements in New Jersey, the State Police’s handling of expungement petitions has resulted in significant delays. What should be a reasonable timeline for individuals to have their past mistakes expunged has turned into an arduous waiting game, with some cases taking up to two years to process from start to finish.
The Class Action Lawsuit
In response to these unreasonable delays, the New Jersey Office of the Public Defender (OPD) has taken action. On October 23, 2023, the OPD filed a class action lawsuit against the New Jersey State Police, highlighting the systemic issues causing delays in processing expungement petitions. This lawsuit aims to hold the State Police accountable for failing to adhere to the legally mandated timelines for expungement processing. The OPD’s complaint alleges that the Plaintiffs in that action and many others have been denied jobs and other benefits due to the NJSP’s lengthy and unreasonable processing delays.
The lawsuit aims to compel the State Police to cease unlawfully disclosing the criminal records of tens of thousands of individuals, contravening court-ordered expungements. New Jersey has been at the forefront of initiatives to expand opportunities for individuals to expunge their criminal records. Courts have granted expungements to thousands of New Jerseyans, with the expectation that once granted, their records would be cleared from background checks. However, the State Police’s significant delays in processing expungement orders and sealing individuals’ criminal records undermine the law’s intent to enable reformed and rehabilitated New Jerseyans to move forward without the enduring repercussions of their past.
Despite receiving $15 million in taxpayer funds in 2019 to expedite the processing of expungement orders, the State Police are currently facing a substantial backlog of nearly 50,000 unprocessed cases. Individuals have been left waiting for many months, and in some cases over a year, for their expungement orders to be processed. As a result, potential employers and other entities conducting background checks may still access information about a person’s criminal history despite court orders expunging those records. This delay significantly hampers individuals’ ability to secure employment, housing, licenses, and other opportunities.
What This Means for You
If you currently have an expungement petition pending in the New Jersey Superior Court, you are automatically part of this class action lawsuit. There is nothing additional you need to do. By virtue of having your petition pending, you are represented in the fight against these delays.
Our Hope for Change
At Katherine O’Brien Law, we understand the frustration and uncertainty that comes with waiting for expungement relief. That’s why we are closely following this class action lawsuit and advocating for our clients’ rights every step of the way. We hope that through this legal action, the processing time for expungements will be drastically reduced, allowing individuals to move forward with their lives sooner rather than later.
Moving Forward
While the current delays in expungement processing are undoubtedly discouraging, we want our clients to know that we are here to support them throughout this process. We will continue to provide updates on the progress of the class action lawsuit and do everything in our power to expedite the expungement process for our clients.
