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
Pre-Trial Intervention, Conditional Discharge, and/or Conditional DismissalNo limit 6 months from date of dismissalN.J.S.A. 2C:52-6
Individual Juvenile RecordsSame as for adult offensesSame waiting periods for adult offenses by typeN.J.S.A. 2C:52-4.1(a)
Entire Juvenile RecordCan expunge entire record 3 years N.J.S.A. 2C:52-4.1(b)
Municipal Ordinance Violations No limit if no felonies and no more than 2 disorderly persons 2 years N.J.S.A. 2C:52-4
Disorderly Persons (Misdemeanor) Convictions Up to 5 if no indictables/felonies OR up to 3 if one indictable/felony (exceptions apply for "crime spree" cases)5 years or 3 years if “early pathway” expungement N.J.S.A. 2C:52-3
Indictable (Felony) Conviction1 if no more than 3 disorderly persons convictions OR the most recent indictable conviction if two indictable convictions (exceptions apply for "crime spree" cases)5 years or 4 years for “early pathway” expungementN.J.S.A. 2C:52-2
New Jersey Drug Court Graduate No limit None N.J.S.A. 2C:35-14
Clean Slate Expungement No limit10 yearsN.J.S.A.2C:52-5.3
Fourth-degree indictable marijuana convictions and disorderly persons marijuana convictions No limitNone- eligible immediately N.J.S.A. 2C:52-5.1
Third-degree indictable marijuana convictions Treated as disorderly persons offense3 years N.J.S.A. 2C:52-5.1
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

* Please note that the waiting periods do not start running until the date of completion of sentence including payment of fines/restitution,* 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. *There are, however, exceptions with respect to payment of fines/restitution.