At Katherine O’Brien Law, we are committed to keeping our clients informed about important developments affecting criminal record expungements in New Jersey. We understand the significant impact that delays in expungement processing can have on your life, and we are closely monitoring the ongoing class action lawsuit against the New Jersey State Police regarding these delays.
Background of the Lawsuit
In October of 2023, the New Jersey Office of the Public Defender (OPD) filed a class action lawsuit to address the unreasonable delays by the New Jersey State Police in processing expungement orders. This lawsuit aims to expedite the expungement process and ensure that individuals can clear their criminal records promptly.
Current Status of the Case
The case is currently in mediation, overseen by the Honorable Jaynee LaVecchia, Retired Associate Justice of the New Jersey Supreme Court. On April 30, 2024, the Superior Court approved an Interim Consent Order. This order is a pivotal development in the case, as it requires the State Police to begin processing several categories of expungement orders immediately. These categories include:
- Clean Slate and Recovery Court orders that expunge municipal ordinances
- Clean Slate expungements that could have been filed as one or more regular expungements
- Orders containing most, but not all, data associated with a petitioner or any of their expungable arrests or convictions
For more details, you can read the press release. A copy of the Interim Consent Order will be available for download on the OPD’s website.
What This Means for You
While the Interim Consent Order is a significant step towards resolving the backlog of expungement orders, more work remains. The ongoing mediation process aims to find a comprehensive solution to address the remaining backlog and ensure timely processing of future expungement orders.
It’s important to note that this class action lawsuit benefits all individuals who have successfully petitioned for expungement, not just the named plaintiffs in the case. Any favorable outcome will apply broadly, providing relief to anyone who has been affected by these delays.
Stay Informed
We will continue to keep you updated on the progress of this lawsuit. For the latest information and access to official case documents, please visit the New Jersey Office of the Public Defender’s expungement lawsuit page here.
If you have any questions or need assistance with your expungement process, please do not hesitate to contact us at Katherine O’Brien Law. We are here to support you every step of the way.
