If you have ever been turned down for a job, housing, a professional license, or even a volunteer role because of a past arrest or conviction, you already know how long a record can follow you. One mistake, one rough season of life, or even a case that was dismissed can still show up on background checks and force you to explain yourself repeatedly.
That is why expungement matters.
I am Lauren Scardella, Esq. of The Scardella Law Firm LLC. In this post, I will break down the big-picture rules that often determine New Jersey expungement eligibility, including timeframes, what counts as the trigger date, and the avoidable mistakes that can cause unnecessary delays.
My goal is simple: help you get a clearer idea of whether expungement may be realistic for you in 2026 and what to do next.
What does expungement do in New Jersey?
An expungement is a court process that generally requires criminal justice agencies to treat eligible records as removed from general public access. It is not the same as erasing history, and it does not mean every database updates instantly.
But for many people, expungement is life-changing because it can remove a major barrier to employment, education, housing, and peace of mind. New Jersey also allows many applicants to file online through the eCourts Expungement System, which can make the process more accessible.
A Quick Eligibility Snapshot for 2026
If you are wondering which timeline applies to you, here is a practical overview of how long you typically must wait from your most recent trigger date.
- Indictable Convictions (Felonies): In most cases, you must wait five years. However, you may be eligible to file after four years if you can demonstrate compelling circumstances.
- Disorderly Persons Offenses: The standard waiting period is five years. Some applicants may qualify for an early filing after only three years in specific situations.
- Municipal Ordinance Violations: These generally have a much shorter timeline, often allowing you to file after just two years.
- Clean Slate Expungement: If your record includes multiple convictions that do not fit the standard rules, you may be able to clear your entire record ten years after your most recent conviction or the completion of your sentence.
- Juvenile Records: The waiting period for an entire juvenile record is typically three years, provided you have had no new arrests or adjudications during that time.
- Dismissals and Not Guilty Verdicts: These records are often eligible for immediate expungement. In fact, many dismissals that occurred after 2019 are now subject to an expedited or automatic process.
1. Indictable Convictions
In New Jersey, indictable offenses are what many people call felonies in other states.
How many convictions can be expunged?
A common regular expungement scenario is one indictable conviction and, in the same application, up to three disorderly persons or petty disorderly persons offenses, if the situation qualifies. New Jersey law also recognizes additional scenarios, such as certain cases involving multiple convictions listed in a single judgment of conviction, so more than one does not automatically mean no.
What is the usual waiting period?
New Jersey Courts explain that many regular expungements require waiting five years after the sentence is served and financial obligations are satisfied, with earlier filing sometimes possible in qualifying cases.
Meeting the “Compelling Circumstances” Standard
If you are seeking an Early Pathway expungement after four years instead of the standard five, the court now looks for compelling circumstances. This is no longer just about waiting a certain amount of time. It is about demonstrating your rehabilitation and showing how the record is a specific barrier to your life today. This might include a pending job offer, a professional licensing requirement, or other significant hurdles that prevent you from moving forward.
2. Disorderly Persons and Petty Disorderly Persons Offenses
These are often lower-level offenses than indictable crimes, but they still show up on background checks and still cause real problems.
How many disorderly persons offenses can be expunged?
If you have no indictable convictions, New Jersey law may allow expungement relief for up to five disorderly persons and petty disorderly persons convictions in qualifying situations.
What is the typical waiting period?
In most cases, the waiting period is five years from the most recent qualifying date. However, the statute includes a limited early-filing pathway once at least three years have passed if the court finds that compelling circumstances exist to grant the relief.
3. Municipal Ordinance Violations
People are often surprised to learn that some municipal ordinance violations can be eligible for expungement. New Jersey Courts describe ordinance expungements as generally involving a two-year waiting period in qualifying cases.
4. “Clean Slate” Expungement
If your record involves multiple convictions and you do not fit neatly into a one indictable or disorderly persons only situation, you may have heard about New Jersey’s clean slate option.
Clean slate expungement is commonly described as requiring ten years from the most recent qualifying date, often measured from the latest of your conviction date, completion of supervision, or satisfaction of court-ordered financial obligations. Clean slate can be powerful, but it is not available in every situation, especially if a conviction is legally barred from expungement.
5. Marijuana-Related Expungements
New Jersey created separate treatment for many marijuana and hashish-related matters. The marijuana decriminalization law that took effect July 1, 2021, required the expungement of certain cases, and the Supreme Court ordered thousands of matters to be expunged. However, NJ Courts also note that not every case containing a marijuana charge is automatically covered, so it is important to confirm what your record currently shows.
6. Juvenile Records
Juvenile eligibility rules are different. In many cases, juvenile records can be expunged after three years from final discharge, as long as there have been no new arrests, pending charges, convictions, or delinquency adjudications during that period.
7. Recovery Court Expungement
If you completed Recovery Court, expungement is often addressed in connection with graduation. If you graduated before April 18, 2016, you may need to file an application rather than assuming expungement will be handled automatically.
What Cannot Be Expunged: A Common Misunderstanding
Motor vehicle offenses are different (Title 39)
New Jersey law states that Chapter 52 expungement relief does not apply to arrests or convictions for motor vehicle offenses contained in Title 39. This includes speeding and driving under the influence. If you are unsure whether your case is Title 2C or Title 39, getting that classification right is a critical first step.
A Practical Expungement Checklist
If you are seriously asking, “Can I clear my record this year?” Here is how I recommend approaching it.
- Identify every charge and disposition: You need to know if you are dealing with indictable convictions, municipal ordinance violations, or Title 39 issues.
- Confirm your trigger date: Expungement timelines often run from the latest of your conviction, release from incarceration, completion of probation, or payment of financial assessments.
- Choose the most convenient court: A major 2025 update to New Jersey law made the process much more accessible. You now have the option to file in the county where you currently live rather than only where the conviction occurred.
- Monitor your progress: After the court signs an expungement order, the New Jersey State Police maintains an Expungement Status Portal where you can track processing.
Faster Processing in 2026
For years, the biggest bottleneck was waiting for the State Police to update their records. Thanks to a landmark March 2025 legal settlement, the NJSP is now required to process most orders within 120 days, and they aim for 90. This means the relief you seek in 2026 should move significantly faster than in years past.
Why I Encourage People Not to “DIY”
New Jersey expungement law is an area where small details can derail a petition. Common issues include filing under the wrong statute, miscounting eligible offenses, or missing required agencies that must receive notice. When you work with me, I focus on building a clean, accurate strategy so you are not gambling with your future.
Contact The Scardella Law Firm LLC Today
At The Scardella Law Firm LLC, I represent individuals across South Jersey and Central New Jersey. If you are ready to find out whether you qualify for an expungement in 2026, contact me to schedule a consultation.
Call 609-372-5285 to schedule your free 15-minute telephone consultation, or contact my office to get started.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact my law firm directly.