- 3:30-2-Expungements for Marijuana/Hashish Offenses, Recovery Court, Dismissals/Acquittals, and Clean Slate 3:30-2, Expungements Limited to Certain Marijuana or Hashish Offenses. , , Applying., Persons may apply electronically for an expungement of the specific marijuana or hashish offenses pursuant to N.J.S.A. 2C:52-5.1 in the Judiciary’s computerized system for expungements. The system shall electronically transmit the proposed court order directly to the court for a determination to grant or deny the expungement. , Judicial Determination., Copies of the court order shall be electronically available in the Judiciary’s computerized system for expungements to the person who is the subject of the expungement, counsel for the petitioner, and the applicable law enforcement and criminal justice agencies. , Objection by the Prosecutor., Within 30 days of the order, the prosecutor may file an objection, using the Judiciary’s computerized system for expungements, requesting that the court vacate the expungement based on a statutory disqualification that existed at the time the expungement was granted. Copies of the objection shall be provided to the petitioner or attorney of record, and to the Office of the Public Defender if there is no private attorney. Within 30 days of the objection, the petitioner or counsel on their behalf may file a response and provide a copy to the prosecutor. The court shall schedule a hearing and make the determination whether to vacate the expungement as soon as reasonably practicable. , Recovery Court Expungements., , Requested Prior to Graduation. , The procedures in this subparagraph apply only to persons requesting a recovery court expungement prior to graduation from Recovery Court. , Proposed Order., The Office of the Public Defender or counsel on behalf of a person in Recovery Court may submit a proposed order for a recovery court expungement electronically in the Judiciary’s computerized system for expungements. , Response by the Prosecutor., Within 60 days of receipt of the proposed order, the county prosecutor shall submit a response electronically in the Judiciary’s computerized system, which response shall indicate whether that office objects to the requested expungement and shall set forth the reasons for the objection. , Judicial Determination., Copies of the court’s order shall be electronically available in the Judiciary’s computerized system for expungements to the parties and to the applicable law enforcement and criminal justice agencies. , Requests for an Expungement After Graduation., Persons who previously graduated from Recovery Court may apply electronically in the Judiciary’s computerized system for expungements for a recovery court expungement pursuant to paragraph (b) of R. 3:30-1, and the petition shall be processed in accordance with paragraphs (c) through (f) of that rule. , Restoring Records to Public Access After a Recovery Court Expungement., When a person is subsequently convicted of a crime after having been discharged from Recovery Court and having had their prior records expunged pursuant to N.J.S.A. 2C:35-14(m)(1), the prosecutor may request that the court restore the person’s full record of arrests and convictions to public access pursuant to N.J.S.A. 2C:35-14(m)(4). , Expungement of Arrests Not Resulting in Conviction., , Dismissals or Acquittals After June 15, 2020., Except for the reasons set forth herein, the court shall submit an order for expungement electronically in the Judiciary’s computerized system for expungements without undue delay where the dismissal, acquittal, or discharge without a finding of guilt of a crime, disorderly persons offense, petty disorderly persons offense, municipal ordinance violation, juvenile delinquency matter, contempt of domestic violence restraining order, or violation of probation was ordered on or after June 15, 2020. The court order will be electronically available to the defendant or defense counsel, and to the applicable law enforcement and criminal justice agencies. , Plea Bargain. , An expungement shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea-bargaining agreement involving the conviction of other charges. This bar does not apply once the conviction of other charges is itself expunged. , Not Guilty by Reason of Insanity. , An expungement shall not be granted if the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged. , Dismissals or Acquittals Prior to June 15, 2020., Persons seeking an expungement for a dismissal, acquittal, or discharge without a finding of guilt for a crime, disorderly persons offense, petty disorderly persons offense, municipal ordinance violation, juvenile delinquency matter, contempt of domestic violence restraining order, or violation of probation that occurred prior to June 15, 2020 may apply electronically in the Judiciary’s computerized system for expungements pursuant to paragraph (b) of R. 3:30-1. The requested expungement shall be processed in accordance with paragraphs (c) through (f) of R. 3:30-1. , Dismissals Due to Diversionary Programs., Six months after entry of a court order for dismissal due to completion of the pretrial intervention program, the conditional dismissal program, or the conditional discharge program, persons may apply electronically in the Judiciary’s computerized system for expungements for an expungement in accordance with paragraph (b) of R. 3:30-1. Persons may apply electronically in the Judiciary’s computerized system for expungements for an expungement at any time following entry of the order for dismissal of charges upon completion of the veterans diversion program if the expungement was not ordered by the court at the time of the dismissal. Upon submission of the petition electronically, the requested expungement shall be processed in accordance with paragraphs (c) through (f) of R. 3:30-1. , Clean Slate., , Applying., Persons may apply electronically in the Judiciary’s computerized system for expungements for a clean slate expungement of one or more crimes, one or more disorderly persons or petty disorderly persons offenses, or a combination of one or more crimes and offenses in this State. The person may apply regardless of whether the person would otherwise be ineligible pursuant to N.J.S.A. 2C:52-14(e) for having had a previous criminal conviction expunged, or due to having been granted an expungement pursuant to this or any other provision of law. The petition shall be submitted to the county in which the most recent conviction for a crime or offense was adjudged using the Judiciary’s computerized system for expungements. , Ineligible., A person convicted for a crime that is not subject to expungement pursuant to subsection b or c of N.J.S.A. 2C:52-2 is ineligible to apply for a clean slate expungement. , Time Period to Apply. , The person, if eligible, may apply for the expungement after the expiration of ten years from the date of the person’s most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later. , Outstanding Court-Ordered Financial Assessment., Notwithstanding the ten-year requirement in this paragraph, if, at the time of application, a court-ordered financial assessment is not yet satisfied due to reasons other than willful noncompliance, but the ten-year period is otherwise satisfied, the person may submit the expungement application. If the expungement is granted, the court shall enter a civil judgment for the unpaid portion of the court-ordered financial assessment in the name of the Treasurer, State of New Jersey and transfer collection and disbursement responsibility to the State Treasurer for the outstanding amount in accordance with N.J.S.A. 2C:52-23.1., Withdrawal or Substitution of Counsel., Entries, withdrawals, and substitutions of appearance of counsel in expungement petitions may be filed at any time, without leave of court, using the appropriate judiciary electronic system and without payment of a fee. Note: Adopted August 4, 2023 to be effective September 1, 2023; new paragraph (e) adopted July 31, 2025 to be effective September 1, 2025. Part 3
- Appendix XXXII
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- OAE Annual Report 2024