How Long Will My Expungement Take?

Having a criminal record can negatively impact your life in various ways. For instance, your record can sometimes make it more challenging for you to get a job and find housing. As a result, getting a court order to expunge or remove your criminal records, if you are eligible, can help improve different aspects of your life.  

However, the expungement process can be complex and somewhat lengthy. First, different waiting periods apply before you can even file for expungement, depending on the type of expungement you seek. Next, once you file for expungement, getting an expungement order from the court may take several months. Finally, even after getting a court order on expungement, it could take over a year for the New Jersey State Police to remove expunged records.  

Waiting Periods and Expungement 

Different waiting periods apply to different types of expungements. Here are the waiting periods for some of the most common types of expungements.  

Indictable Offenses 

Generally, you can expunge one (your most recent) indictable offense. In addition, you can expunge up to five disorderly persons or petty disorderly persons offenses if you have no indictable offenses on your record, or you can expunge your indictable offense and up to three disorderly persons or petty disorderly persons offenses. However, marijuana and marijuana-related offenses are separate and do not count toward these totals. Of course, some indictable offenses are ineligible for expungement altogether. 

Typically, you can file to expunge your indictable offense five years after you have finished your sentence, meaning that you have served any term of incarceration, completed probation, and paid your fines. Additionally, you can file for an early expungement if only four years have passed since you finished your sentence if you have had no other convictions since your last conviction and compelling circumstances warrant it.  

Disorderly Persons or Petty Disorderly Persons Offenses 

Concerning disorderly persons or petty disorderly persons offenses, you generally must wait to file for expungement until five years have passed since you completed your sentence. However, you can apply for an early expungement of these offenses three years after you have completed your sentence.  

Ordinance Violations 

In contrast, you must wait two years after completing your sentence and paying your fine for an ordinance violation if you are otherwise eligible to expunge it.  

Clean Slate Law 

Under New Jersey’s Clean Slate Law, if you have gone ten years without convictions, you can expunge an unlimited amount of indictable offenses and disorderly persons or petty disorderly persons offenses. Eventually, the clean slate expungement process will become automated, but that has yet to occur.  

Marijuana Offenses 

Certain marijuana offense arrests and convictions after May 15, 2021, will be subject to an automatic expungement process. However, if those offenses occurred before May 15, 2021, there is no waiting period, but you must file a petition for expungement. In addition, a few more serious marijuana offenses are ineligible for expungement until three years have passed from the date you are released from incarceration, complete your probation or parole, or pay your fines or restitution, whichever is later.  

Getting an Expungement Order from the Court 

The length of time that it takes to complete the process of filing a petition for expungement with the court and getting a court order on expungement varies. The process is often straightforward and can be completed quickly, depending on how busy your court is. In fact, by statute, the court is supposed to set a hearing within 60 days of filing the petition. The court can grant the petition without a hearing if there is no objection. However, according to the New Jersey Law Journal, this process is often not moving along so quickly or efficiently.  

In some cases, the proceedings are more complex or may be contested. Therefore, completing the court proceedings related to your expungement in that situation may take several months. In other cases, judges refuse to grant expungement petitions until they receive an objection from the prosecutor or notice of no objection. In turn, the prosecutor may only respond to the petition once they hear from the NJSP Expungement Unit, which is often understaffed. As a result, expungement petitions may take several months, or even over a year, to complete.  

Removal of Your Expunged Records 

According to court orders, as of February 2023, some sources report that the NJSP Expungement Unit takes about a year to remove expunged records. This is because NJSP removes expunged records on a first-come, first-served basis without any exceptions. In addition, the COVID-19 pandemic and understaffing have caused an unprecedented backlog of requests for record expungements pursuant to court orders. As a result, the longest delay in expunging your records will not likely be the court process but waiting for the NJSP to expunge your records physically.  

Call Us for Help with Your Expungement  

If you want to expunge your previous criminal record, the attorneys of Rosenberg Perry & Associates, LLC are here to help. Having an experienced expungement lawyer on your side will ensure you complete the expungement process efficiently and effectively. Call our office today at (609) 216-7400 or contact us online to learn more about the legal services we can offer you.