| Type of Offense | Eligibility | Waiting Period* | Expungement Statute |
|---|---|---|---|
| Arrest Not Resulting in Conviction (i.e., dismissal, acquittal, finding of not guilty) | No limit | None - eligible immediately | N.J.S.A. 2C:52-6 |
| Pre-Trial Intervention, Conditional Discharge, and/or Conditional Dismissal | No limit | 6 months from date of dismissal | N.J.S.A. 2C:52-6 |
| Individual Juvenile Records | Same as for adult offenses | Same waiting periods for adult offenses by type | N.J.S.A. 2C:52-4.1(a) |
| Entire Juvenile Record | Can 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) Conviction | 1 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” expungement | N.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 limit | 10 years | N.J.S.A.2C:52-5.3 |
| Fourth-degree indictable marijuana convictions and disorderly persons marijuana convictions | No limit | None- eligible immediately | N.J.S.A. 2C:52-5.1 |
| Third-degree indictable marijuana convictions | Treated as disorderly persons offense | 3 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 CDS | 1 year | N.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.
