Easier Criminal Record Expungements in NJ

New Jersey Senate Bill 3307

Up until December 2017, when New Jersey made Senate Bill 3307 a law, a petitioner was unable to get an expungement until ten years from the date of completion of their sentence. This means that if an individual completed probation in 2005 but did not finish paying their fines and penalties until 2009, their record would not be eligible for expungement until 2019.

However, under the new law, the waiting period has been reduced from ten years to six. Furthermore, if an individual has substantially complied with their payment obligations, they no longer have to wait until completion of payment to apply for an expungement. Using the previous example, that means that an individual who completed probation in 2005 and had substantially complied with their payment obligations, would be eligible to have his or her record expunged in 2011.

The expungement statute has also been amended to allow for the expungement of the crime of possession of marijuana with intent to sell up to one ounce.

These changes will make it easier for a petitioner to have their record expunged. This new law takes effect on October 1, 2018.