VETERANS LEGAL CLINIC TRAINING September 8, 2026 10:00 am - 12:00 pm Virtual
Veterans Legal Clinic Training September 8, 2026 | 10am -12:15pm Virtual This training will provide an overview of the legal issues commonly seen at the Veterans Legal Wellness Clinic, as well as the clinic procedures. The training includes best practices for interviewing veteran clients, as well as a detailed review of the legal questionnaires and assessments most frequently used at the clinic. This training will also provide a basic overview regarding Expungement and Child Support Assessments. At the conclusion of the training volunteers should have increased confidence interviewing clients and providing legal advice on issues most commonly faced by our veteran clients including determining eligibility for expungement filings and child support modification.
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SPEAKERS Alexandra Bravo, Esq. Volunteer Lawyers for Justice Yasmine Boto, Esq. Volunteer Lawyers for Justice AGENDA
10:00
Welcome and Introductions (5 minutes)
10:05
Clinic Overview and Working with Veteran Clients (40 minutes) Alexandra C. Bravo, Esq., Volunteer Lawyers for Justice
10:45
Expungement Overview (40minutes) Yasmine Boto, Esq. Volunteer Lawyers for Justice
11:30
Child Support Modification Overview (40 minutes) Alexandra C. Bravo, Esq., Volunteer Lawyers for Justice
12:10
Q&A Wrap Up (5 minutes)
Alexandra Bravo, Esq. is a Senior Staff Attorney who oversees the Veterans Legal Program and handles issues relating to child support as they arise in other programs. Prior to joining VLJ, Alexandra was an associate at Bastarrika, Soto, Gonzalez, & Somohano, LLP where she practiced family law. Alexandra previously clerked for the Hon. Yolanda Adrianzen, J.S.C. Alexandra received her bachelor’s degree from Seton Hall University and her law degree from Rutgers Law School, where she was a managing editor of the Rutgers Law Journal. Alexandra is also fluent in Spanish.
Yasmine Boto, Esq. is a staff attorney who oversees VLJ’s Divorce Program. Yasmine also supports VLJ's Expungement Program. Prior to joining VLJ, Yasmine was a VLJ Legal Intern attending New York Law School. During law school, Yasmine co-founded New York Law School’s chapter of If/When/How: Lawyering for Reproductive Justice where she served as the Founding Secretary and later as the organization’s CoPresident. Yasmine also served as a Junior Editor on New York Law School’s Family Law Journal. Upon graduation, Yasmine joined VLJ as a Wilf Public Interest Fellow, later joining VLJ as a staff attorney.
Table of Contents Section 1: Introduction to Veterans Legal Wellness Clinic ............................ 1 Section 2: Criminal Record Expungement .......................................................24 Expungement Overview Expungement Statute ................................................................................50 Section 3: Child Support Modification .........................................................223 Child Support Modification Overview Child Support Guidelines Appendix IX A and B ..........................................238 Guide to the New Jersey Judiciary Child Support Enforcement Program....292 Section 4: Sample Client ...............................................................................312 Intake ..........................................................................................................313 Volunteer Packet .........................................................................................314 Limited Scope Retainer Agreement.....................................................................315 Wellness Questionnaire...............................................................................316 Volunteer Report Form .......................................................................................321 Sample MCCS record search results ..........................................................323 Sample Promis Gavel record search results ...............................................335 Sample Expungement Assessment Form Sample Bankruptcy Intake Questionnaire
SECTION 1: Introduction to Veterans Legal Clinic
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Clinic Goal • The primary goal of the clinic is to provide a holistic assessment and help veterans access civil legal services within VLJ’s expertise in order to help them achieve long term stability. • VLJ assists with the following civil legal issues: • • • • •
Children’s representation Criminal record expungement Debt Relief/ Bankruptcy (for example, pending consumer lawsuit or judgment) Divorce Eviction Defense
• Additional services for Veterans • Child support modification • Suspended NJ driver’s license • Estate planning (Drafting a Simple Will, Power of Attorney, and/or Medical Directive)
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Pre- Clinic • Volunteers receive reminder emails with zoom link and Veterans Clinic Resource link: https://www.vljnj.org/veterans-volunteer-resources • First time volunteers should review the training materials on the Veteran Clinic Resource page
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Day of Clinic • Volunteers join 5 minutes early for a brief huddle • Volunteers split into teams and placed in separate virtual break out rooms – Teams generally consist of 2-3 volunteers – Teams receive client’s intake and eligibility via email
• VLJ will place veteran in break out room with volunteers • During Appointments: – Identify any/all legal issues VLJ can assist with – Provide advice and conduct assessments – Help prioritize next steps •
Internal Referrals to other VLJ Programs
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Referrals to other organizations
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Day of Clinic • For issues not handled by VLJ/VLJ’s pro bono panel, or for non-legal issues, refer to – https://www.vljnj.org/veterans-volunteer-resources – look online for meaningful referrals to provide to the veteran.
• If questions arise, volunteer should discuss with staff during the clinic – A volunteer from the team should return the main session to chat with staff – Veteran client should not be left alone in Zoom room
• Volunteer teams to complete all clinic forms and email back to VLJ team (abravo@vljnj.org and kguerrier@vljnj.org).
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Navigating the Appointment/ Required Forms • Refer to VLJ Veterans Legal Clinic - Volunteer packet – Review first page with important information
• Meet client / Make Introductions • PART 1: Limited-scope Retainer Agreement • PART 2: Wellness Questionnaire
Fill everything out, we appreciated it!
• PART 3: Volunteer Report Form
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Part 1. Limited Scope Agreement • Start appointment by obtaining verbal consent • Identify volunteers meeting with client
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Part 2. Wellness Questionnaire • Explain the goals and procedures of the clinic • Interview to identify legal issues VLJ can assist with • Collect information, provide advice and make assessment • Complete additional relevant questionnaires • Manage expectations / Prioritize next steps
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Part 2. Wellness Questionnaire Summarize information for client
Gather a full picture of the client’s situation
Begin Assessment of relevant legal issues
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Part 2. Wellness Questionnaire Check the applicable box
Expungement • Preliminary question • Expungement Assessment is a separate form (hyperlink)
Important Notes and Additional Action Items for volunteers
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Part 2. Wellness Questionnaire: Expungement Assessment Form • Confirm Client’s name and DOB • Run Public Access searches and save to send to VLJ • Note the arrest and disposition information
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Part 2. Wellness Questionnaire: Expungement Assessment Form • Confirm there are no barred offenses • Review the applicable section: • Section 5: Indictable convictions only • Section 6: Disorderly Persons convictions only • Section 7: Both Indictable and Disorderly person’s offense • Section 8: Clean Slate
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Part 2. Wellness Questionnaire: Expungement Assessment Form • Additional eligibility notes • • • •
Dismissals PTI Dismissals/ Conditional discharge Municipal Ordinance Violations Juvenile record
• Expungement Eligibility determination to be selected • Other important information: • •
Veteran has a federal conviction Veteran has out-of-state convictions
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Part 2. Wellness Questionnaire
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Part 2. Wellness Questionnaire: Child Support Questionnaire • Review Scope of Child Support Services VLJ Offers • •
Limited scope Pro Se Motions
• Collect Basic Information: • • • •
Docket number Child support amount Children’s names and ages Etc.
• Review the applicable section • •
Part A: Modification Part A and B : Modification and Emancipation
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Part 2. Wellness Questionnaire • After completing the Wellness Interview: •
Confirm all relevant forms and questionnaires are completed • Bankruptcy • Child support • Estate Planning • Expungement • Tenancy
• If your team is running short on time, please have one volunteer from your team stay with the client to finish up the additional forms*
This Photo by Unknown Author is licensed under CC BY-SA
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Part 3. Volunteer Report Form • Highlight any notable deadlines • Court appearances • Responding to complaints/ lawsuits
• Check which additional forms or questionnaire were completed • Issues identified • Note the Priority #, Assessment and Next steps for the relevant legal issues • If any of the legal issues do no apply, please note N/A.
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Part 3. Volunteer Form • Note if you or someone from your office would like to continue assisting the veteran outside the clinic setting • Confirm Pro Bono Time • Additional notes: • More detailed information • Referrals • Advice
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Working with Veteran Population • Some experience trauma related to: • Military service and experiences • Sexual assault • Poverty • Others • Trauma’s effect on assisting client: • Client may have issues with memory • Client may have felt unheard in past and may need to vent • Client may have trouble telling his/her story in a narrative, linear fashion • Client may be focused on one issue when the real priority may be another
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Interviewing Tips • Do •
Use open ended questions to get the client’s general story
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Use the Volunteer packet to guide conversation toward individual issues VLJ can assist with
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Find out which issues are priorities to the client and/or time sensitive (court dates, responsive pleadings due, etc.)
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Listen carefully and pick up on key words • Ex. “ I’m having a trouble with money.” – ask about debts, housing, etc. Give the best, most definitive advice you can • Be clear about the legal issues VLJ cannot assist with • If unsure, ask VLJ staff
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Interviewing Tips • Do Not: •
Ask Questions that suggest judgment • Ex “ Why did/didn’t you..”
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Overly react to statements made by the clients • This can include facial expressions
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Let the client lose sight of the legal issues VLJ can assist with • Gently remind the client of what VLJ can assist with and redirect the client as needed
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Make promises or give false hope
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, Wd Z 2 New Jersey Expungement
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Volunteer Lawyers for Justice
First things first… No pending matters Federal and out-of-state convictions are NOT eligible Motor vehicle violations are NOT eligible Domestic violence charges are NOT eligible
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Volunteer Lawyers for Justice
What is Eligible for Expungement? Cannot be expunged:
Can be expunged depends on:
Pending matters
Type of convictions
Federal and out-of-state records
Number of convictions
Motor vehicle
Waiting period
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Volunteer Lawyers for Justice
Types of convictions Indictable Crimes
Disorderly Persons Petty Disorderly Persons Local Ordinances
Felony
Misdemeanor
Superior Court
Municipal Court
Degree
No degree
Promis Gavel
Municipal Court Case Search
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Barred Offenses
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Controlled Dangerous Substances In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve: Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that compelling circumstances exist to grant the expungement.
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Number of Convictions To expunge disorderly persons convictions ONLY: ○ Up to 5 ○ Certain marijuana convictions will be treated as disorderly persons and not count towards the allotted 5. ● To expunge indictable crimes convictions ONLY: ○ Generally one unless all crimes are listed on a single judgment of conviction or were interdependent or closely related in time and circumstance. ● To expunge indictable crimes AND disorderly persons convictions: ○ 1 indictable and up to 3 disorderly persons ● “Clean Slate” ○ No limit on number of convictions ●
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Volunteer Lawyers for Justice
Waiting Period Type of Offense
Waiting Period
Indictable Crime Conviction
5 years (4 years for early pathway)
Disorderly Persons Conviction
5 years (3 years for early pathways)
Municipal Ordinance Conviction
2 years
PTI or Diversionary Dismissal
6 months
Dismissal
Automatic and no waiting period
Clean Slate
10 years and will eventually be automatic
Waiting period begins from completion of sentence: release from jail or prison, completion of probation or parole, or fine payment, whichever is later.
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Volunteer Lawyers for Justice
Fine Payment Exception Applies when: • Substantially complied with any payment plan or • Could not do so due to compelling circumstances affecting the person’s ability to satisfy the assessment Court may consider: • the amount of any court-ordered financial assessment imposed • the person’s age at the time of the offense or offenses • the person’s financial condition • other relevant circumstances regarding the person’s ability to pay. Fine is NOT vacated by the expungement but becomes a civil judgment.
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Municipal Court Case Search (MCCS) https://portal.njcourts.gov/webe5/MPAWeb/index.jsp
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Municipal Court Case Search
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Municipal Court Case Search
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Municipal Court Case Search
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Municipal Court Case Search
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Promis Gavel
https://portal.njcourts.gov/ExternalPGPA/home.jsp
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Promis Gavel
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Promis Gavel
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Promis Gavel
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Promis Gavel
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Promis Gavel
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Promis Gavel
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Expungement Assessment Form Confirm Client’s name and DOB Run Public Access searches and save to send to VLJ Note the Arrest information
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Expungement Assessment Form Confirm there are no barred offenses
Review the applicable section • • • •
Section 5: Indictable convictions only Section 6: Disorderly Persons convictions only Section 7: Both Indictable and Disorderly person’s offense Section 8: Clean Slate
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Expungement Assessment Form Additional eligibility notes
Expungement Eligibility Determination to be selected Other Important information
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Post-Clinic Fact-Finding • Dispositions – Records Request Form - complete during clinic – Contact court and request a disposition letter, Judgment of Conviction and/or Final Order
• Criminal Case History (CCH) – Requires fingerprinting appointment (fee: $40-$50)
• Sentence Completion – Contact municipal court or county probation office – Request letter confirming sentence completion Next steps should be listed in the client’s Clinic Eligibility and Assessment Form
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N.J. Stat. Title 2C, Subtit. 3, Ch. 52 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
Chapter 52. Expungement History L. 1978, c. 95. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
End of Document
Yasmine Boto
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N.J. Stat. § 2C:52-1 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-1. Definition of expungement Definition of Expungement. a. Except as otherwise provided in this chapter, expungement shall mean the extraction, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. b. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records.
History L. 1979, c. 178, § 108; amended by 2019, c. 269, § 1, effective June 15, 2020. Annotations
Notes Effective Dates Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Notes 2019 amendment, by Chapter 269, substituted “extraction, sealing, impounding, or isolation” for “extraction and isolation” in a.
CASE NOTES Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Domestic Offenses: General Overview Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Yasmine Boto
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Page 2 of 11 § 2C:52-1. Definition of expungement Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: General Overview Criminal Law & Procedure: Juvenile Offenders: Juvenile Proceedings: Records Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: General Overview Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Criminal Law & Procedure: Guilty Pleas: Enforcement of Plea Agreements Criminal Law & Procedure: Sentencing: Forfeitures: General Overview Criminal Law & Procedure: Postconviction Proceedings: Expungement Evidence: Procedural Considerations: Burdens of Proof: Allocation Governments: Courts: Court Records Governments: Local Governments: Employees & Officials
Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Domestic Offenses: General Overview It was clear from the specific provisions of N.J. Stat. Ann. § 2C:52-1a and its general tenor that expungement only encompassed criminal charges and their consequences; therefore, a criminal charge and its related charge that arose from a domestic incident may be subject to expungement, but a domestic violence complaint that arose from a domestic incident in which the victim sought restraint and civil relief was not subject to expungement. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: General Overview Under N.J. Stat. Ann. § 2C:52-1, a police officer’s petition for expungement of his criminal records was granted, but his request for removal of police department personnel records was denied because of the police department’s duty to ensure public safety. N.J. Stat. Ann. § 2C:52-30 enforced the confidentiality of the expunged data by making it a disorderly persons offense to reveal such information. State v. Zemak, 304 N.J. Super. 381, 700 A.2d 1237, 1997 N.J. Super. LEXIS 407 (Law Div. 1997). Notwithstanding the language of N.J. Stat. Ann. § 2C:52-32, the legislature surely has not restricted the expungement opportunity provided in N.J. Code Ann. § 2C:52-1 et seq. to the one-time offender; a conviction for crime can be expunged, even though the petitioner also has a disorderly persons conviction, N.J. Stat. Ann. 52
Page 3 of 11 § 2C:52-1. Definition of expungement § 2C:52-2, and a disorderly persons conviction can be expunged even where the petitioner has two other such convictions. State v. A.N.J., 192 N.J. Super. 350, 470 A.2d 17, 1983 N.J. Super. LEXIS 1032 (App.Div. 1983), aff'd, 98 N.J. 421, 487 A.2d 324, 1985 N.J. LEXIS 2224 (N.J. 1985).
Criminal Law & Procedure: Juvenile Offenders: Juvenile Proceedings: Records Appellate court erred by affirming a trial court’s denial of a petition seeking to expunge petitioner’s 1996 criminal conviction because the lower courts erred by considering his prior juvenile adjudications in reviewing the petition since N.J. Stat. Ann. § 2C:52-4.1(a) applied only to the expungement of juvenile adjudications and did not transform his juvenile adjudication into a crime that barred expungement for an adult conviction under N.J. Stat. Ann. § 2C:522. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Supreme Court of New Jersey concludes that N.J. Stat. Ann. § 52-4.1(a) applies only to the expungement of juvenile adjudications since there is no evidence that, when the New Jersey Legislature amended the law in 1980 to address juvenile adjudications, it meant to tighten the rules for expunging adult convictions; as a result, an adult who is otherwise eligible for expungement of a crime is not disqualified because of a prior juvenile adjudication. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Based on its language and legislative history,N.J. Stat. Ann. § 2C:52-4.1(a) applies only to the expungement of juvenile adjudications and does not transform a juvenile adjudication into a crime that would bar a later attempt to expunge an adult conviction under N.J. Stat. Ann. § 2C:52-2. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Trial court erred by denying petitioner’s application to expunge his juvenile adjudications because under N.J. Stat. Ann. § 2C:52-4.1(b) he qualified, but expungement was properly denied as to his adult conviction since the petition was filed less than 10 years after completion of the sentence as required by N.J. Stat. Ann. § 2C:52-2(a), and he failed to establish that expungement after just five years was in the public interest, as required by § 2C:52-2(a)(2). In re J.B., 426 N.J. Super. 496, 45 A.3d 1014, 2012 N.J. Super. LEXIS 102 (App.Div. 2012). Petitioner was not entitled to have prior adjudications of juvenile delinquency expunged pursuant to N.J. Stat. Ann. § 2C:52-1 et seq. in order that petitioner could lawfully avoid disclosure of his juvenile background while completing the State Casino Control Commission disclosure form; the expungement statutes only applied to “crimes” and adjudications of juvenile delinquency were not considered “crimes,” thus expungement was not an available statutory remedy. State v. W.J.A., 173 N.J. Super. 19, 412 A.2d 1355, 1980 N.J. Super. LEXIS 481 (Law Div. 1980). Accused individual’s petition to expunge his juvenile record after a prosecution for the solicitation of unlawful sexual or indecent acts statute was dismissed for failure to prosecute, was granted because former N.J. Stat. Ann. § 2A:467, the sealing statute, did not preclude the individual from availing himself of the expungement relief contained in former N.J. Stat. Ann. § 2A:85-17 (now N.J. Stat. Ann. § 2C:52-1). State in Interest of C., 151 N.J. Super. 174, 376 A.2d 614, 1977 N.J. Super. LEXIS 1347 (Cty. Ct. 1977).
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The 2019 amendments to Chapter 52 included expanding access to expungements for persons with prior convictions by creating an automated "clean slate" expungement mechanism and modifying the definition of expungement in N.J.S.A. § 2C:52-1 to mean the extraction, sealing, impounding, or isolation of all 53
Page 4 of 11 § 2C:52-1. Definition of expungement records on file. N.J.S.A. § 2C:52-6(a) was amended and expanded to make expungement automatic for dismissed charges, independent of any action or not by affected defendants upon an acquittal, dismissal, or discharge. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: General Overview Where a wife withdrew her domestic violence complaint, and the State withdrew its criminal charges, the husband’s expungement petition under N.J. Stat. Ann. § 2C:52-1a properly was granted only as to the criminal charges; except where domestic violence implicated specific criminal offenses, e.g., N.J. Stat. Ann. §§ 2C:25-21, 2C:25-26.1, 2C:25-27, 2C:25-28a (third paragraph), and 2C:29-9b, the remedies provided in the Domestic Violence Act of 1991 were civil in character, and therefore, while a criminal charge and its related consequences that arose from a domestic incident might be subject to expungement, a domestic violence complaint arising from the same incident, in which the victim sought restraints and other civil relief, was not. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). Where police officers arrested a husband and charged him with making a terroristic threat, unlawful possession of an assault firearm, and unlawful possession of several large capacity ammunition magazines, and a temporary restraining order was issued barring him from the marital residence, but his wife withdrew her domestic violence complaint, and the State withdrew its charges, his expungement petition properly was granted only as to the criminal charges; the husband, not having been convicted of any prior or subsequent crime as required by N.J. Stat. Ann. § 2C:52-2a, qualified for expungement, but N.J. Stat. Ann. § 2C:52-1a encompassed only criminal charges and their consequences. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). Accused individual’s petition to expunge his juvenile record after a prosecution for the solicitation of unlawful sexual or indecent acts statute was dismissed for failure to prosecute, was granted because former N.J. Stat. Ann. § 2A:467, the sealing statute, did not preclude the individual from availing himself of the expungement relief contained in former N.J. Stat. Ann. § 2A:85-17 (now N.J. Stat. Ann. § 2C:52-1). State in Interest of C., 151 N.J. Super. 174, 376 A.2d 614, 1977 N.J. Super. LEXIS 1347 (Cty. Ct. 1977).
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Importantly, expunged recordsâ including complaints, warrants, arrests, judicial docket records, and related itemsâ are extracted and isolated but not destroyed. N.J.S.A. § 2C:52-1, -15. New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
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Page 5 of 11 § 2C:52-1. Definition of expungement Criminal Law & Procedure: Guilty Pleas: Enforcement of Plea Agreements Although the expungement statutes, N.J. Stat. Ann. § 2C:52-1 through -32, were intended to restore many of a defendant’s civil privileges that were lost attendant to a criminal conviction, such as the right to serve on a jury pursuant to N.J. Stat. Ann. § 2C:51-3b, the right to vote pursuant to N.J. Stat. Ann. § 19:4-1, and the right to purchase and possess a firearm pursuant to N.J. Stat. Ann. § 2C:58-3c(1), N.J. Stat. Ann. § 2C:58-4(c), and N.J. Stat. Ann. § 2C:39-7, and the statutes also allowed a defendant to keep potentially embarrassing information about a prior criminal record private from the inquiry of employers and others, no other relief such as a second expungement appears to have been intended. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998).
Criminal Law & Procedure: Sentencing: Forfeitures: General Overview When a person is convicted of an offense that “involves and touches” upon that person’s public office, triggering the obligatory forfeiture of public employment provisions of N.J. Stat. Ann. § 2C:51-2(d), the entry of an order of expungement has no effect—either direct, collateral or preclusive—on the separate mandatory order of forfeiture. In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010).
Criminal Law & Procedure: Postconviction Proceedings: Expungement
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute, originally enacted in 1979, aims to provide relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity. N.J.S.A. 2C:52-32. To do so, it provides for the expungement of certain criminal records. The statute defines expungement as the extraction, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. N.J.S.A. 2C:52-1(a). Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, rap sheets and judicial docket records. N.J.S.A. 2C:52-1(b). • Internal affairs reports are not themselves records concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1(a). They are not complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, 'rap sheets' and judicial docket records. N.J. Stat. Ann. § 2C:52-1(b). They are therefore not themselves expunged. • A law enforcement agency that possesses expunged records concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system must extract, seal, impound, or isolate such records. N.J. Stat. Ann. § 2C:52-1(a). That includes any complaints, warrants, arrests, commitments, processing records, fingerprints, and other materials specified in N.J.S.A. § 2C:521(b) that the agency received from another law enforcement agency. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
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Page 6 of 11 § 2C:52-1. Definition of expungement Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The 2019 amendments to Chapter 52 included expanding access to expungements for persons with prior convictions by creating an automated "clean slate" expungement mechanism and modifying the definition of expungement in N.J.S.A. § 2C:52-1 to mean the extraction, sealing, impounding, or isolation of all records on file. N.J.S.A. § 2C:52-6(a) was amended and expanded to make expungement automatic for dismissed charges, independent of any action or not by affected defendants upon an acquittal, dismissal, or discharge. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014). Appellate court erred by affirming a trial court’s denial of a petition seeking to expunge petitioner’s 1996 criminal conviction because the lower courts erred by considering his prior juvenile adjudications in reviewing the petition since N.J. Stat. Ann. § 2C:52-4.1(a) applied only to the expungement of juvenile adjudications and did not transform his juvenile adjudication into a crime that barred expungement for an adult conviction under N.J. Stat. Ann. § 2C:522. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Supreme Court of New Jersey concludes that N.J. Stat. Ann. § 52-4.1(a) applies only to the expungement of juvenile adjudications since there is no evidence that, when the New Jersey Legislature amended the law in 1980 to address juvenile adjudications, it meant to tighten the rules for expunging adult convictions; as a result, an adult who is otherwise eligible for expungement of a crime is not disqualified because of a prior juvenile adjudication. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Based on its language and legislative history,N.J. Stat. Ann. § 2C:52-4.1(a) applies only to the expungement of juvenile adjudications and does not transform a juvenile adjudication into a crime that would bar a later attempt to expunge an adult conviction under N.J. Stat. Ann. § 2C:52-2. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Defendants seeking relief under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement have the burden of proving why expungement of a criminal record is in the public interest. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Supreme Court of New Jersey reversed the denial of a petitioner’s expungement application because it appeared that he had met the burden of proving under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement of why expungement of a criminal record was in the public interest and a remand was necessary for the trial court to assess the petitioner’s character and conduct as of the date of its new ruling. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Trial court erred by denying petitioner’s application to expunge his juvenile adjudications because under N.J. Stat. Ann. § 2C:52-4.1(b) he qualified, but expungement was properly denied as to his adult conviction since the petition was filed less than 10 years after completion of the sentence as required by N.J. Stat. Ann. § 2C:52-2(a), and he failed to establish that expungement after just five years was in the public interest, as required by § 2C:52-2(a)(2). In re J.B., 426 N.J. Super. 496, 45 A.3d 1014, 2012 N.J. Super. LEXIS 102 (App.Div. 2012). 56
Page 7 of 11 § 2C:52-1. Definition of expungement When a person is convicted of an offense that “involves and touches” upon that person’s public office, triggering the obligatory forfeiture of public employment provisions of N.J. Stat. Ann. § 2C:51-2(d), the entry of an order of expungement has no effect—either direct, collateral or preclusive—on the separate mandatory order of forfeiture. In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010). Expungement statutes, N.J. Stat. Ann. § 2C:52-1 et seq., apply only to criminal proceedings, thus the teachers’ application to have their civil contempt records expunged, penalties imposed for violation of a return to work injunction, lacked any available remedy. Bd. of Educ., Tp. of Middletown v. Middletown Teachers Educ. Ass'n, 365 N.J. Super. 419, 839 A.2d 159, 2003 N.J. Super. LEXIS 406 (Ch.Div. 2003). When incarceration is based upon the court’s coercive power to enforce orders in a civil case pursuant to N.J. Ct. R. 1:10-3, even an inaccurate contention that these persons are held in contempt is not sufficient to bring the matter within the scope of the expungement statute, N.J. Stat. Ann. § 2C:52-1 et seq. Bd. of Educ., Tp. of Middletown v. Middletown Teachers Educ. Ass'n, 365 N.J. Super. 419, 839 A.2d 159, 2003 N.J. Super. LEXIS 406 (Ch.Div. 2003). Prison records were not expunged as to members of a teachers’ union who willfully disobeyed a court ordered injunction and were jailed pursuant to N.J. Ct. R. 1:10-3. Bd. of Educ., Tp. of Middletown v. Middletown Teachers Educ. Ass'n, 365 N.J. Super. 419, 839 A.2d 159, 2003 N.J. Super. LEXIS 406 (Ch.Div. 2003). N.J. Stat. Ann. § 2C:52-1 et seq. does not permit the relief of expungement of incarceration records related to N.J. Ct. R. 1:10-3. Bd. of Educ., Tp. of Middletown v. Middletown Teachers Educ. Ass'n, 365 N.J. Super. 419, 839 A.2d 159, 2003 N.J. Super. LEXIS 406 (Ch.Div. 2003). Although the expungement statutes, N.J. Stat. Ann. § 2C:52-1 through -32, were intended to restore many of a defendant’s civil privileges that were lost attendant to a criminal conviction, such as the right to serve on a jury pursuant to N.J. Stat. Ann. § 2C:51-3b, the right to vote pursuant to N.J. Stat. Ann. § 19:4-1, and the right to purchase and possess a firearm pursuant to N.J. Stat. Ann. § 2C:58-3c(1), N.J. Stat. Ann. § 2C:58-4(c), and N.J. Stat. Ann. § 2C:39-7, and the statutes also allowed a defendant to keep potentially embarrassing information about a prior criminal record private from the inquiry of employers and others, no other relief such as a second expungement appears to have been intended. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998). Expungement statutes, N.J. Stat. Ann. § 2C:52-1 through -32, were not designed to promote a criminal defendant’s ability to avoid enforcement of his or her plea bargain by resorting to the provisions of Chapter 52. Where defendant took advantage of a plea bargain and agreed to resign from a city police department and never seek any law enforcement position within any agency in exchange for the dismissal of aggravated assault charges against him, defendant could not subsequently decide that he no longer wanted to abide by the agreement and use the expungement statutes to remove the prohibition against seeking any law enforcement position with any agency. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998). Scope, structure, and legislative history of the expungement statutes, N.J. Stat. Ann. § 2C:52-1 through -32, indicate that the legislature did not intend to permit a final order of expungement to be expunged in the same manner as a prior arrest or conviction. Although N.J. Stat. Ann. § 2C:52-2 through -6 provide clear statutory criteria for expunging the records of those convicted of indictable offenses, disorderly persons offenses, ordinance violations, and those who are arrested but not convicted, no similar provision is made for modification or expungement of a prior, valid expungement order; therefore, the statutory language intimates that the legislature did not contemplate expungement of anything other than a prior arrest or conviction. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998).
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Page 8 of 11 § 2C:52-1. Definition of expungement Expungement of a defendant’s criminal history entails the extraction and isolation of all records on file within any court or criminal agency pursuant to N.J. Stat. Ann. § 2C:52-1a. The records are neither modified nor destroyed, but are rather withdrawn from public access and are only released when permitted by one of Chapter 52’s narrow exceptions. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998). Legislative history of the expungement statutes, N.J. Stat. Ann. §§ 2C:52-1 and 2C:52-32, did not support petitioner’s motion to expunge an expungement order so that he could have been reinstated to a police force. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998). Under N.J. Stat. Ann. § 2C:52-1, a police officer’s petition for expungement of his criminal records was granted, but his request for removal of police department personnel records was denied because of the police department’s duty to ensure public safety. N.J. Stat. Ann. § 2C:52-30 enforced the confidentiality of the expunged data by making it a disorderly persons offense to reveal such information. State v. Zemak, 304 N.J. Super. 381, 700 A.2d 1237, 1997 N.J. Super. LEXIS 407 (Law Div. 1997). Petitioner police officer, who had criminal charges against him dismissed, was not entitled to application of the expungement statute, N.J. Stat. Ann. § 2C:52-1, to respondent’s personnel records because respondent was required to maintain complete performance records to ensure public safety. State v. Zemak, 304 N.J. Super. 381, 700 A.2d 1237, 1997 N.J. Super. LEXIS 407 (Law Div. 1997). Where a husband’s criminal charges and related consequences that arose from a domestic incident might be subject to expungement under N.J. Stat. Ann. § 2C:52-1a, a domestic violence complaint arising from the same incident, in which his wife sought restraints and other civil relief, was not; this result contrasted with that related to offenses not traditionally considered “crimes” but for which expungement was provided, e.g., N.J. Stat. Ann. § 2C:52-3, N.J. Stat. Ann. § 2C:52-4, and N.J. Stat. Ann. § 2C:52-4.1, or for crimes otherwise excluded from expungement but where particular characteristics existed, e.g., N.J. Stat. Ann. § 2C:52-5, or where a conviction did not result because of a dismissal, acquittal or discharge, e.g., N.J. Stat. Ann. § 2C:52-6. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). Where a wife withdrew her domestic violence complaint, and the State withdrew its criminal charges, the husband’s expungement petition under N.J. Stat. Ann. § 2C:52-1a properly was granted only as to the criminal charges; except where domestic violence implicated specific criminal offenses, e.g., N.J. Stat. Ann. §§ 2C:25-21, 2C:25-26.1, 2C:25-27, 2C:25-28a (third paragraph), and 2C:29-9b, the remedies provided in the Domestic Violence Act of 1991 were civil in character, and therefore, while a criminal charge and its related consequences that arose from a domestic incident might be subject to expungement, a domestic violence complaint arising from the same incident, in which the victim sought restraints and other civil relief, was not. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). Where police officers arrested a husband and charged him with making a terroristic threat, unlawful possession of an assault firearm, and unlawful possession of several large capacity ammunition magazines, and a temporary restraining order was issued barring him from the marital residence, but his wife withdrew her domestic violence complaint, and the State withdrew its charges, his expungement petition properly was granted only as to the criminal charges; the husband, not having been convicted of any prior or subsequent crime as required by N.J. Stat. Ann. § 2C:52-2a, qualified for expungement, but N.J. Stat. Ann. § 2C:52-1a encompassed only criminal charges and their consequences. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). It was clear from the specific provisions of N.J. Stat. Ann. § 2C:52-1a and its general tenor that expungement only encompassed criminal charges and their consequences; therefore, a criminal charge and its related charge that 58
Page 9 of 11 § 2C:52-1. Definition of expungement arose from a domestic incident may be subject to expungement, but a domestic violence complaint that arose from a domestic incident in which the victim sought restraint and civil relief was not subject to expungement. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). Notwithstanding the language of N.J. Stat. Ann. § 2C:52-32, the legislature surely has not restricted the expungement opportunity provided in N.J. Code Ann. § 2C:52-1 et seq. to the one-time offender; a conviction for crime can be expunged, even though the petitioner also has a disorderly persons conviction, N.J. Stat. Ann. § 2C:52-2, and a disorderly persons conviction can be expunged even where the petitioner has two other such convictions. State v. A.N.J., 192 N.J. Super. 350, 470 A.2d 17, 1983 N.J. Super. LEXIS 1032 (App.Div. 1983), aff'd, 98 N.J. 421, 487 A.2d 324, 1985 N.J. LEXIS 2224 (N.J. 1985). Petitioner was not entitled to have prior adjudications of juvenile delinquency expunged pursuant to N.J. Stat. Ann. § 2C:52-1 et seq. in order that petitioner could lawfully avoid disclosure of his juvenile background while completing the State Casino Control Commission disclosure form; the expungement statutes only applied to “crimes” and adjudications of juvenile delinquency were not considered “crimes,” thus expungement was not an available statutory remedy. State v. W.J.A., 173 N.J. Super. 19, 412 A.2d 1355, 1980 N.J. Super. LEXIS 481 (Law Div. 1980). Under former N.J. Stat. Ann. § 2A:85-17(b) (now N.J. Stat. Ann. § 2C:52-1), when a person has a criminal record expunged and then files a complaint that alleges false arrest on the expunged charge, he is to consent to a request by defendant’s to access to the expunged record. Ulinsky v. Avignone, 148 N.J. Super. 250, 372 A.2d 620, 1977 N.J. Super. LEXIS 783 (App.Div. 1977). Trial court erred in expunging defendant’s arrest and conviction for second-degree murder after defendant had been retried and found not guilty by reason of insanity, committed and released after she had been restored to sanity; former N.J. Stat. Ann. § 2A:85-17(a) (now N.J. Stat. Ann. § 2C:52-1) and former § 2A:85-18(a) only permitted sealing of the record where the prosecution objected to the petition. State v. E.B.R., 139 N.J. Super. 166, 353 A.2d 118, 1976 N.J. Super. LEXIS 968 (App.Div. 1976). Pursuant to former N.J. Stat. Ann. § 2A:85-15, any objection by law enforcement agencies to the expungement of criminal records pursuant to N.J. Stat. Ann. § 2A:85-17(b) (now N.J. Stat. Ann. § 2C:52-1) or sealing of records pursuant to former N.J. Stat. Ann. § 85-18(b), must be material to the necessities of law enforcement. State v. San Vito, 129 N.J. Super. 185, 322 A.2d 509, 1974 N.J. Super. LEXIS 591 (Law Div. 1974), rev'd, 133 N.J. Super. 508, 337 A.2d 624, 1975 N.J. Super. LEXIS 846 (App.Div. 1975).
Evidence: Procedural Considerations: Burdens of Proof: Allocation Defendants seeking relief under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement have the burden of proving why expungement of a criminal record is in the public interest. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Supreme Court of New Jersey reversed the denial of a petitioner’s expungement application because it appeared that he had met the burden of proving under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement of why expungement of a criminal record was in the public interest and a remand was necessary for the trial court to assess the petitioner’s character and conduct as of the date of its new ruling. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012).
Governments: Courts: Court Records
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Page 10 of 11 § 2C:52-1. Definition of expungement Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• New Jersey's expungement statute, N.J.S.A. § 2C:52-1 to -32, is designed to eliminate the collateral consequences imposed upon otherwise law-abiding citizens who have had a minor brush with the criminal justice system. As a general rule, when a court orders expungement of criminal records, those records must be removed from the files of any government agency that is given notice of the expungement petition and isolated and placed in the control of a designated person within that agency. N.J.S.A. 2C:52-15; -1(a). There are, however, a number of exceptions to this general rule. • The Legislature identified relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity as the expungement statute's primary goal. N.J.S.A. § 2C:52-32. The relief afforded by the expungement statute, however, does not include the wholesale rewriting of history. When a court enters an order of expungement, criminal records are extracted and isolated, but not destroyed. § 2C:52-1(a). New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Importantly, expunged recordsâ including complaints, warrants, arrests, judicial docket records, and related itemsâ are extracted and isolated but not destroyed. N.J.S.A. § 2C:52-1, -15. New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Governments: Local Governments: Employees & Officials
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• Internal affairs reports are not themselves records concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1(a). They are not complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, 'rap sheets' and judicial docket records. N.J. Stat. Ann. § 2C:52-1(b). They are therefore not themselves expunged.
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Page 11 of 11 § 2C:52-1. Definition of expungement States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Research References & Practice Aids Cross References: Certain convictions vacated, expunged [Effective July 1, 2013], see 2C:44-1.1. Administrative Code: N.J.A.C. 10A:22-4.1 (2013), CHAPTER RECORDS, Procedures for expungement of records and information. NJ ICLE: NEW JERSEY FAMILY PRACTICE § 1.13I(2) (DOMESTIC VIOLENCE ACT & PRE-TRIAL INTERVENTION) NEW JERSEY FAMILY PRACTICE § 11.6 (MODIFICATION AND DISSOLUTION OF RESTRAINING ORDERS) LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-2 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-2. Indictable Offenses a. In all cases, except as herein provided, a person may present an expungement application to the Superior Court pursuant to this section if: the person has been convicted of one crime under the laws of this State, and does not otherwise have any subsequent conviction for another crime, whether within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another crime shall not bar presenting an application seeking expungement relief for the criminal conviction that is the subject of the application; or the person has been convicted of one crime and no more than three disorderly persons or petty disorderly persons offenses under the laws of this State, and does not otherwise have any subsequent conviction for another crime, or any subsequent conviction for another disorderly persons or petty disorderly persons offense such that the total number of convictions for disorderly persons and petty disorderly persons offenses would exceed three, whether any such crime or offense conviction was within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another crime, disorderly persons offense, or petty disorderly persons offense shall not bar presenting an application seeking expungement relief for the one criminal conviction and no more than three convictions for disorderly persons or petty disorderly persons offenses that are the subject of the application; or the person has been convicted of multiple crimes or a combination of one or more crimes and one or more disorderly persons or petty disorderly persons offenses under the laws of this State, all of which are listed in a single judgment of conviction, and does not otherwise have any subsequent conviction for another crime or offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another crime, disorderly persons offense, or petty disorderly persons offense that is not listed in a single judgment of conviction shall not bar presenting an application seeking expungement relief for the convictions listed in a single judgment of conviction that are the subject of the application; or the person has been convicted of multiple crimes or a combination of one or more crimes and one or more disorderly persons or petty disorderly persons offenses under the laws of this State, which crimes or combination of crimes and offenses were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time, regardless of the date of conviction or sentencing for each individual crime or offense, and the person does not otherwise have any subsequent conviction for another crime or offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a Yasmine Boto
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Page 2 of 24 § 2C:52-2. Indictable Offenses prior conviction for another crime, disorderly persons offense, or petty disorderly persons offense that was not interdependent or closely related in circumstances and was not committed within a comparatively short period of time as described above shall not bar presenting an application seeking expungement relief for the convictions of crimes or crimes and offenses that were interdependent or closely related and committed within a comparatively short period of time, and that are the subject of the application. For purposes of determining eligibility to present an expungement application to the Superior Court pursuant to this section, a conviction for unlawful distribution of, or possessing or having under control with intent to distribute, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5,or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection b. of that section, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1), for distributing, or possessing or having under control with intent to distribute, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building, or for obtaining or possessing marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10, or for an equivalent crime in another jurisdiction, regardless of when the conviction occurred, shall not be considered a conviction of a crime within this State or any other jurisdiction but shall instead be considered a conviction of a disorderly persons offense within this State or an equivalent category of offense within the other jurisdiction, and a conviction for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:3510, or a violation involving marijuana or hashish as described herein and using or possessing with intent to use drug paraphernalia with that marijuana or hashish in violation of N.J.S.2C:36-2, or for an equivalent crime or offense in another jurisdiction, regardless of when the conviction occurred, shall not be considered a conviction within this State or any other jurisdiction. The person, if eligible, may present the expungement application after the expiration of a period of five 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. The term “court-ordered financial assessment” as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the application, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The person shall submit the expungement application to the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged, which includes a duly verified petition as provided in N.J.S.2C:52-7 praying that the conviction, or convictions if applicable, and all records and information pertaining thereto be expunged. The petition appended to an application shall comply with the requirements set forth in N.J.S.2C:52-1 et seq. Notwithstanding the provisions concerning the five-year time requirement, if, at the time of application, a court-ordered financial assessment subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful noncompliance, but the time requirement of five years is otherwise satisfied, the person may submit the expungement application and the court may grant an expungement; provided, however, that if 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 collections and disbursement responsibility to the State Treasurer for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1). The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment. 63
Page 3 of 24 § 2C:52-2. Indictable Offenses Additionally, an application may be filed and presented, and the court may grant an expungement pursuant to this section, although less than five years have expired in accordance with the time requirements when the court finds: (1) the court-ordered financial assessment is satisfied but less than five years have expired from the date of satisfaction, the time requirement of five years is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq. or could not do so due to compelling circumstances affecting the person’s ability to satisfy the assessment; or (2) at least four but less than five years have expired from the date of the most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later; and the person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction; and the court finds in its discretion that compelling circumstances exist to grant the expungement. The prosecutor may object pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24. In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider any relevant information provided by the person submitting the application and the prosecutor, including the amount of any court-ordered financial assessment imposed, the person’s age at the time of the offense or offenses, the person’s financial condition, and other relevant circumstances regarding the person’s ability to pay. However, regarding a determination of compelling circumstances pursuant to paragraph (1) of this subsection or a determination of compelling circumstances pursuant to any other part of this section, the person shall not be required to provide transcripts of plea or sentencing proceedings or be required to provide any presentence reports with the application or any other filing. b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting, or concealing persons accused of the foregoing crimes, shall not be expunged. Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5 and strict liability vehicular homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3); N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the victim is a minor, subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); subsection a. of N.J.S.2C:24-4 (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, or causing the child other harm); paragraph (4) of subsection b. of N.J.S.2C:24-4 (Photographing or filming a child in a prohibited sexual act or for portrayal in a sexually suggestive manner); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual act or the simulation of an act, or to be portrayed in a sexually suggestive manner); subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Possessing or viewing items depicting the sexual exploitation or abuse of a child); section 8 of P.L.2017, c.141 (C.2C:24-4.1) (Leader of a network to share child sexual abuse or exploitation material); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); paragraph (4) of subsection b. of N.J.S.2C:34-1 (Knowingly promoting the prostitution of the actor’s child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes. 64
Page 4 of 24 § 2C:52-2. Indictable Offenses Records of conviction for any crime committed by a person holding any public office, position, or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position, or employment. c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve: (1) Marijuana, where the total quantity sold, distributed, or possessed with intent to sell was less than one ounce; (2) Hashish, where the total quantity sold, distributed, or possessed with intent to sell was less than five grams; or (3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that compelling circumstances exist to grant the expungement. The prosecutor may object pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24. d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the petitioner shall notify the State Board of Medical Examiners upon filing an application for expungement and provide the board with a copy thereof. The petitioner shall also provide to the court a certification attesting that the requirements of this subsection were satisfied. Failure to satisfy the requirements of this subsection shall be grounds for denial of the expungement application and, if applicable, administrative discipline by the board.
History L. 1979, c. 178, § 109; Amended 1989, c. 300, § 23; 1993, c. 301, § 1; 1994, c. 133, § 6; 2009, c. 188, § 1, eff. Mar. 13, 2010; 2013, c. 136, § 3, eff. Aug. 14, 2013; 2015, c. 261, § 2, effective April 18, 2016; 2017, c. 141, § 7, effective February 1, 2018; 2017, c. 165, § 9, effective July 21, 2017; 2017, c. 244, § 1, effective October 1, 2018; 2019, c. 269, § 2, effective June 15, 2020; 2023, c. 260, § 1, effective January 12, 2024; 2024, c. 92, § 9, effective November 18, 2024. Annotations
Notes OLS Corrections: Pursuant to R.S.1:3-1, the Office of Legislative Services, through its Legislative Counsel and with the concurrence of the Attorney General, corrected a technical error in L. 2009, c. 188, § 1. Pursuant to R.S.1:3-1, the Office of Legislative Services, through its Legislative Counsel and with the concurrence of the Attorney General, corrected L. 2017, c. 165, § 9 to incorporate the inadvertently omitted provisions of the amendment of this section by L. 2017, c. 141, § 7. However, L. 2017, c. 141, § 7 is effective Feb. 1, 2018, while L. 2017, c. 165, § 9 is effective July 21, 2017. Pursuant to R.S.1:3-1, the Office of Legislative Services, through its Legislative Counsel and with the concurrence of the Attorney General, corrected L. 2017, c. 244, § 1 to incorporate the inadvertently omitted provisions of the amendment of this section by L. 2017, c. 141, § 7, and L. 2017, c. 165, § 9. Editor's Notes: 65
Page 5 of 24 § 2C:52-2. Indictable Offenses The amendments to this section by L. 2015, c. 261 were enacted in accordance with the Governor's recommendations made on conditional veto of the legislation (Assembly Committee Substitute (Fourth Reprint) for Assembly Nos. 206, 471, 1663, 2879, 3060, and 3108). The title to L. 2017, c. 165 designates the act as “Ralph and David's Law.” Effective Dates: Section 4 of L. 2009, c. 188 provides: “This act shall take effect on the 60th day after enactment.” Chapter 188, L. 2009, was approved on Jan. 12, 2010. Section 10 of L. 2015, c. 261 provides: “This act shall take effect on the 90th day following enactment.” Chapter 261, L. 2015, was approved on Jan. 19, 2016. Section 9 of L. 2017, c. 141 provides: “This act shall take effect on the first day of the seventh month following enactment.” Chapter 141, L. 2017, was approved on July 21, 2017. Section 9 of L. 2017, c. 244 provides: “This act shall take effect on the first day of the tenth month next following enactment.” Chapter 244, L. 2017, was approved on Dec. 20, 2017. Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Note: 2009 amendment, by Chapter 188, in a., inserted the second through fourth paragraphs, preceding the final paragraph of a.; in the second paragraph of b., inserted “section 1 of P.L.2005, c.77 ( C.2C:13-8) (Human Trafficking)”, inserted “section 2C:24-4b.(3) (Causing or permitting a child to engage in a prohibited sexual act); section 2C:24-4b.(5)(a) (Selling or manufacturing child pornography)”, and inserted “section 2C:34-1b.(4) (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c.26 ( C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 ( C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices)”; in c., added c.(3) and substituted “involve” for “relate to” in the opening paragraph; and made related changes. 2013 amendment, by Chapter 136, in the second paragraph of b., substituted “section 1 of P.L.1993, c.291 ( C.2C:13-6)” for “section 2C:13-6”, “(Sexual Assault or Aggravated Sexual Assault)” for “(Aggravated Sexual Assault)”, and “(Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child)” for “(Selling or manufacturing child pornography)”, and inserted “ N.J.S.2C:24-4b.(5)(b) (Possessing items depicting the sexual exploitation or abuse of a child)”; and made stylistic changes. 2015 amendment, by Chapter 261, rewrote the first paragraph of a.; inserted “persons” in the final paragraph of a.; and in the second paragraph of b., inserted “or causing the child other harm”, substituted “Photographing or filming a child in a prohibited sexual act” for “Endangering the welfare of a child”, and inserted “or viewing.” 2017 amendment, by Chapter 141, in b., in the paragraph that begins “Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice”, inserted “or for portrayal in a sexually suggestive manner”, “or the simulation of an act, or to be portrayed in a sexually suggestive manner” and “section 8 of P.L.2017, c.141 ( C.2C:24-4.1) (Leader of a child pornography network).” 66
Page 6 of 24 § 2C:52-2. Indictable Offenses 2017 amendment, by Chapter 165, inserted “and strict liability vehicular homicide as specified in section 1 of P.L.2017, c.165 ( C.2C:11-5.3)” in the second paragraph of b. 2017 amendment, by Chapter 244, rewrote a.; substituted “less than one ounce” for “25 grams or less” at the end of c.(1); and substituted “less than five grams” for “five grams or less” in c.(2). 2019 amendment, by Chapter 269, rewrote the section. 2023 amendment, by Chapter 260, in a., substituted “person resides or a county in which one or more of the person’s convictions were” for “most recent conviction for a crime was” in the third sentence of the sixth paragraph; inserted “any relevant information provided by the person submitting the application and the prosecutor, including” in the first sentence of the ninth paragraph, and added the second sentence. 2024 amendment, by Chapter 92, substituted “(Leader of a network to share child sexual abuse or exploitation material)” for “(Leader of a child pornography network)” in the second paragraph of b.; and made stylistic changes.
CASE NOTES Constitutional Law: Substantive Due Process: Privacy: Personal Information Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Delivery, Distribution & Sale: General Overview Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Possession: General Overview Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Domestic Offenses: Domestic Assault Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Endangerment: Elements Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Abuse of Public Office: General Overview Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Criminal Law & Procedure: Criminal Offenses: Property Crimes: Burglary & Criminal Trespass: General Overview Criminal Law & Procedure: Criminal Offenses: Property Crimes: Larceny & Theft: General Overview Criminal Law & Procedure: Criminal Offenses: Sex Crimes: General Overview Criminal Law & Procedure: Criminal Offenses: Sex Crimes: Sexual Assault: General Overview Criminal Law & Procedure: Accessories: General Overview Criminal Law & Procedure: Accessories: Aiding & Abetting Criminal Law & Procedure: Juvenile Offenders: Criminal Offenses: Delinquency Criminal Law & Procedure: Juvenile Offenders: Juvenile Proceedings: Records Criminal Law & Procedure: Arrests: General Overview Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: General Overview
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Page 7 of 24 § 2C:52-2. Indictable Offenses Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Criminal Law & Procedure: Sentencing: Alternatives: Probation Criminal Law & Procedure: Postconviction Proceedings: Clemency Criminal Law & Procedure: Postconviction Proceedings: Expungement Evidence: Procedural Considerations: Burdens of Proof: Allocation Family Law: Delinquency & Dependency: Delinquency Proceedings Governments: Courts: Court Records Governments: Legislation: Interpretation Governments: Legislation: Statutes of Limitations: Time Limitations Governments: Local Governments: Employees & Officials Governments: State & Territorial Governments: Employees & Officials Governments: State & Territorial Governments: Licenses
Constitutional Law: Substantive Due Process: Privacy: Personal Information City employee whose expunged criminal records were allegedly exposed by the city in violation of N.J. Stat. Ann. § 2C:52-2(a) did not establish a claim under the Fourteenth Amendment Due Process Clause for violation of the right of privacy. Expunged information was not truly private and was not constitutionally protected, and state law could not create such protection. Nunez v. Pachman, 578 F.3d 228, 2009 U.S. App. LEXIS 19174 (3d Cir. N.J. 2009).
Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Delivery, Distribution & Sale: General Overview Although N.J. Stat. Ann. § 2C:35-5(a)(1) does not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of the narcotics, and thus, either conduct constitutes the crime as defined by § 2C:35-5(a)(1), for the purpose of expungement, it does make a difference as a sale of a controlled dangerous substance (CDS) is a bar to expungement but a transfer for no consideration is not; therefore, the facts must be examined to determine if the underlying possession of CDS was with the intent to sell, as opposed to dispense or distribute without a sale. In re G.R., 395 N.J. Super. 428, 929 A.2d 602, 2007 N.J. Super. LEXIS 283 (App.Div.), certif. denied, 193 N.J. 275, 937 A.2d 977, 2007 N.J. LEXIS 1569 (N.J. 2007). Judgment of conviction for possession of a controlled dangerous substance with intent to dispense or distribute, contrary to N.J. Stat. Ann. § 2C:35-5(a)(1), by itself was not conclusive of an intent to sell or dispense for no consideration; thus, because the description of the offense in the judgment of conviction did not aid the judge in deciding whether the statutory bar of N.J. Stat. Ann. § 2C:52-2(c) applied to defendant’s petition for expungement, the judge did not err by looking beyond the judgment and reviewing grand jury transcripts in determining that defendant intended to sell the narcotics he was convicted of possessing. In re G.R., 395 N.J. Super. 428, 929 A.2d 602, 2007 N.J. Super. LEXIS 283 (App.Div.), certif. denied, 193 N.J. 275, 937 A.2d 977, 2007 N.J. LEXIS 1569 (N.J. 2007). Accomplice’s petition for expungement of his record upon conviction as an accomplice in the distribution of LSD was denied because N.J. Stat. Ann. § 2C:52-2(c) applied equally to principals and accomplices and, thus, 68
Page 8 of 24 § 2C:52-2. Indictable Offenses accomplice was ineligible for expungement of his record; under § 2C:52-2(c), expungement was denied in the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell. D.A.C. v. State (In re Expungement of Records), 337 N.J. Super. 493, 767 A.2d 976, 2001 N.J. Super. LEXIS 69 (App.Div. 2001). Defendant was entitled to expungement of his conviction for aiding and abetting the distribution of LSD because the exceptions to eligibility for expungement under N.J. Stat. Ann. § 2C:52-2 clearly included only actual sale and distribution of controlled dangerous substances and did not include aiding and abetting. In re R.C., 292 N.J. Super. 151, 678 A.2d 339, 1996 N.J. Super. LEXIS 327 (Law Div. 1996), overruled in part, D.A.C. v. State (In re Expungement of Records), 337 N.J. Super. 493, 767 A.2d 976, 2001 N.J. Super. LEXIS 69 (App.Div. 2001).
Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Possession: General Overview Petitioner seeking expungement of a conviction of possession of marijuana was required pursuant to N.J. Stat. Ann. § 2C:52-2 to present a verified petition prepared in accordance with N.J. Stat. Ann. § 2C:52-7 to obtain the requested relief and to demonstrate that he was entitled to the relief sought because his marijuana possession conviction was for possession of 25 grams or less. State v. Merendino, 293 N.J. Super. 444, 681 A.2d 117, 1996 N.J. Super. LEXIS 346 (App.Div. 1996).
Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Domestic Offenses: Domestic Assault Neither N.J. Stat. Ann. § 2C:52-2 nor any other statute bars the expungement of records of domestic violence offenses involving physical violence. In re Criminal Records of H.M.H., 404 N.J. Super. 174, 960 A.2d 821, 2008 N.J. Super. LEXIS 227 (Ch.Div. 2008). As a husband’s simple assault on his wife, to whom he was still married after 10 years, was an apparent aberration in an otherwise law-abiding life, he was entitled to have his criminal records expunged notwithstanding the prosecutor’s objection. In re Criminal Records of H.M.H., 404 N.J. Super. 174, 960 A.2d 821, 2008 N.J. Super. LEXIS 227 (Ch.Div. 2008).
Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Endangerment: Elements Judgment denying defendant’s petition for expungement relating to her arrest and conviction for third-degree endangering the welfare of a child for causing the child harm that would make the child an abused or neglected child under N.J. Stat. Ann. § 2C:24-4(a)(2) was affirmed because the plain language of the expungement statute, N.J. Stat. Ann. § 2C:52-2(b), prohibited the expungement of any conviction under N.J. Stat. Ann. § 2C:24-4(a). State v. N.T., 461 N.J. Super. 566, 223 A.3d 206, 2019 N.J. Super. LEXIS 173 (App.Div. 2019), certif. denied, 241 N.J. 338, 228 A.3d 220, 2020 N.J. LEXIS 469 (N.J. 2020). Plain language of N.J. Stat. Ann. § 2C:52-2(b) prohibits the expungement of any conviction under N.J. Stat. Ann. § 2C:24-4(a). State v. N.T., 461 N.J. Super. 566, 223 A.3d 206, 2019 N.J. Super. LEXIS 173 (App.Div. 2019), certif. denied, 241 N.J. 338, 228 A.3d 220, 2020 N.J. LEXIS 469 (N.J. 2020).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Abuse of Public Office: General Overview Where, more than 10 years following the completion of his sentence of imprisonment and parole, a private citizen who was an accomplice to criminal activities committed by a public official pled guilty to a number of crimes directly related to the operation of his waste disposal business, including aiding and abetting official misconduct of a public 69
Page 9 of 24 § 2C:52-2. Indictable Offenses official in violation of N.J. Stat. Ann. § 2C:30-2, applied for expungement of his record of convictions, which, under N.J. Stat. Ann. § 2C:52-27, would have deemed them not to have occurred, the third paragraph of N.J. Stat. Ann. § 2C:52-2(b), which listed the bar against expungement to public officials, construed in accordance with N.J. Stat. Ann. § 2C:52-32, only applied to those holding a public office, position, or employment, and accordingly the applicant was not barred from seeking expungement. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014).
Criminal Law & Procedure: Criminal Offenses: Property Crimes: Burglary & Criminal Trespass: General Overview Respondent sought expungement of his prior convictions for petit larceny, larceny, and burglary, and the trial court expunged the convictions, but the court reversed and held that respondent was not eligible for expungement because he was convicted of two indictable offenses, and pursuant to the expungement statute, N.J. Stat. Ann. § 2C:52-2, a person convicted of two indictable offenses could not seek relief thereunder. State v. Blazanin, 298 N.J. Super. 221, 689 A.2d 196, 1997 N.J. Super. LEXIS 96 (App.Div. 1997).
Criminal Law & Procedure: Criminal Offenses: Property Crimes: Larceny & Theft: General Overview Respondent sought expungement of his prior convictions for petit larceny, larceny, and burglary, and the trial court expunged the convictions, but the court reversed and held that respondent was not eligible for expungement because he was convicted of two indictable offenses, and pursuant to the expungement statute, N.J. Stat. Ann. § 2C:52-2, a person convicted of two indictable offenses could not seek relief thereunder. State v. Blazanin, 298 N.J. Super. 221, 689 A.2d 196, 1997 N.J. Super. LEXIS 96 (App.Div. 1997).
Criminal Law & Procedure: Criminal Offenses: Sex Crimes: General Overview Where a convict sought expungement of two related convictions for incestuous conduct, which were violations of former N.J. Stat. Ann. § 2A:114-2 (now N.J. Stat. Ann. § 2C:14-2), the convictions were expunged, because incest did not fall within the category of convictions that the legislature intended to exclude from the expungement provisions; although N.J. Stat. Ann. 2C:52-2(b) excluded rape convictions from eligibility for expungement, incest was not considered rape for the purposes of the expungement statute. State v. Raymond M., 188 N.J. Super. 533, 457 A.2d 1237, 1982 N.J. Super. LEXIS 1034 (Law Div. 1982).
Criminal Law & Procedure: Criminal Offenses: Sex Crimes: Sexual Assault: General Overview Legislative intent as expressed through the clear language and purpose of N.J. Stat. Ann. § 2C:52-2(b) was to bar only the pre-code crime of “rape,” and not “carnal abuse,” thus a defendant’s crime of “carnal abuse” was eligible for expungement. State v. N.W., 329 N.J. Super. 326, 747 A.2d 819, 2000 N.J. Super. LEXIS 124 (App.Div. 2000).
Criminal Law & Procedure: Accessories: General Overview 70
Page 10 of 24 § 2C:52-2. Indictable Offenses Accomplice’s petition for expungement of his record upon conviction as an accomplice in the distribution of LSD was denied because N.J. Stat. Ann. § 2C:52-2(c) applied equally to principals and accomplices and, thus, accomplice was ineligible for expungement of his record; under § 2C:52-2(c), expungement was denied in the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell. D.A.C. v. State (In re Expungement of Records), 337 N.J. Super. 493, 767 A.2d 976, 2001 N.J. Super. LEXIS 69 (App.Div. 2001).
Criminal Law & Procedure: Accessories: Aiding & Abetting Principals and accomplices were treated the same under New Jersey law at N.J. Stat. Ann. § 2C:2-6; thus; an accomplice in a drug distribution case could not have his record expunged under N.J. Stat. Ann. § 2C:52-2 since the principal would not be allowed to have his record expunged. D.A.C. v. State (In re Expungement of Records), 337 N.J. Super. 493, 767 A.2d 976, 2001 N.J. Super. LEXIS 69 (App.Div. 2001). Defendant was entitled to expungement of his conviction for aiding and abetting the distribution of LSD because the exceptions to eligibility for expungement under N.J. Stat. Ann. § 2C:52-2 clearly included only actual sale and distribution of controlled dangerous substances and did not include aiding and abetting. In re R.C., 292 N.J. Super. 151, 678 A.2d 339, 1996 N.J. Super. LEXIS 327 (Law Div. 1996), overruled in part, D.A.C. v. State (In re Expungement of Records), 337 N.J. Super. 493, 767 A.2d 976, 2001 N.J. Super. LEXIS 69 (App.Div. 2001).
Criminal Law & Procedure: Juvenile Offenders: Criminal Offenses: Delinquency
Overview: The plain language of N.J.S.A. 2C:35-14(m)(2) only bars expungement of convictions for certain offenses, not juvenile adjudications. The Legislature used the term "adjudications" seven times elsewhere in N.J.S.A. 2C:35-14 but deliberately omitted it from the expungement limitations in N.J.S.A. 2C:35-14 (m)(2).
• To ascertain whether expungement is permitted under the general expungement statute, any act resulting in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult. N.J. Stat. Ann. § 2C:52-2(b) prohibits expungement of certain adult criminal convictions, specifically including convictions for robbery, N.J. Stat. Ann. § 2C:15-1. Therefore, according to the general expungement statute, someone with a juvenile adjudication of any of the disqualifying offenses who petitions for expungement under the general expungement statute would not be permitted to expunge a record of a juvenile adjudication of that offense. In re Expungement of the Criminal/Juvenile Recs. of P.L., 482 N.J. Super. 319, 343 A.3d 174, 2025 N.J. Super. LEXIS 57 (App.Div. 2025).
Criminal Law & Procedure: Juvenile Offenders: Juvenile Proceedings: Records
Overview: The plain language of N.J.S.A. 2C:35-14(m)(2) only bars expungement of convictions for certain offenses, not juvenile adjudications. The Legislature used the term "adjudications" seven times elsewhere in N.J.S.A. 2C:35-14 but deliberately omitted it from the expungement limitations in N.J.S.A. 2C:35-14 (m)(2).
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Page 11 of 24 § 2C:52-2. Indictable Offenses
• To ascertain whether expungement is permitted under the general expungement statute, any act resulting in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult. N.J. Stat. Ann. § 2C:52-2(b) prohibits expungement of certain adult criminal convictions, specifically including convictions for robbery, N.J. Stat. Ann. § 2C:15-1. Therefore, according to the general expungement statute, someone with a juvenile adjudication of any of the disqualifying offenses who petitions for expungement under the general expungement statute would not be permitted to expunge a record of a juvenile adjudication of that offense. In re Expungement of the Criminal/Juvenile Recs. of P.L., 482 N.J. Super. 319, 343 A.3d 174, 2025 N.J. Super. LEXIS 57 (App.Div. 2025).
Based on its language and legislative history,N.J. Stat. Ann. § 2C:52-4.1(a) applies only to the expungement of juvenile adjudications and does not transform a juvenile adjudication into a crime that would bar a later attempt to expunge an adult conviction under N.J. Stat. Ann. § 2C:52-2. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Supreme Court of New Jersey concludes that N.J. Stat. Ann. § 52-4.1(a) applies only to the expungement of juvenile adjudications since there is no evidence that, when the New Jersey Legislature amended the law in 1980 to address juvenile adjudications, it meant to tighten the rules for expunging adult convictions; as a result, an adult who is otherwise eligible for expungement of a crime is not disqualified because of a prior juvenile adjudication. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Appellate court erred by affirming a trial court’s denial of a petition seeking to expunge petitioner’s 1996 criminal conviction because the lower courts erred by considering his prior juvenile adjudications in reviewing the petition since N.J. Stat. Ann. § 2C:52-4.1(a) applied only to the expungement of juvenile adjudications and did not transform his juvenile adjudication into a crime that barred expungement for an adult conviction under N.J. Stat. Ann. § 2C:522. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Trial court erred by denying petitioner’s application to expunge his juvenile adjudications because under N.J. Stat. Ann. § 2C:52-4.1(b) he qualified, but expungement was properly denied as to his adult conviction since the petition was filed less than 10 years after completion of the sentence as required by N.J. Stat. Ann. § 2C:52-2(a), and he failed to establish that expungement after just five years was in the public interest, as required by § 2C:52-2(a)(2). In re J.B., 426 N.J. Super. 496, 45 A.3d 1014, 2012 N.J. Super. LEXIS 102 (App.Div. 2012).
Criminal Law & Procedure: Arrests: General Overview In determining whether to expunge a petitioner’s criminal records before 10 years pursuant to N.J. Stat. Ann. § 2C:52-2(a)(2), the court may consider cognizable evidence pursuant to N.J. Ct. R. 1:6-6 related to an arrest on a charge that was ultimately dismissed, although the court may not consider the arrest itself as evidence of guilt. In re LoBasso, 423 N.J. Super. 475, 33 A.3d 540, 2012 N.J. Super. LEXIS 2 (App.Div. 2012). In denying petitioner’s application to expunge his eluding conviction before 10 years pursuant to N.J. Stat. Ann. § 2C:52-2(a)(2), the trial court appropriately considered his arrest for domestic violence assault, which occurred before he was sentenced for eluding and did not result in a conviction, because he did not dispute the complainant’s allegations in a certified complaint concerning the assault, and the court was entitled to consider petitioner’s pre-conviction conduct. In re LoBasso, 423 N.J. Super. 475, 33 A.3d 540, 2012 N.J. Super. LEXIS 2 (App.Div. 2012).
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: General Overview 72
Page 12 of 24 § 2C:52-2. Indictable Offenses Where police officers arrested a husband and charged him with making a terroristic threat, unlawful possession of an assault firearm, and unlawful possession of several large capacity ammunition magazines, and a temporary restraining order was issued barring him from the marital residence, but his wife withdrew her domestic violence complaint, and the State withdrew its charges, his expungement petition properly was granted only as to the criminal charges; the husband, not having been convicted of any prior or subsequent crime as required by N.J. Stat. Ann. § 2C:52-2a, qualified for expungement, but N.J. Stat. Ann. § 2C:52-1a encompassed only criminal charges and their consequences. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). Superior court did not err in denying defendant’s petition for expungement of arrests for assault and battery and larceny made pursuant to former N.J. Stat. Ann. § 2A:85-15, et seq., (now N.J. Stat. Ann. § 2C:52-2 et seq.), even in the absence of law enforcement objection, because the language of N.J. Stat. Ann. § 2A:85-17(a) was not mandatory, and the superior court did not abuse its discretion in attempting to preserve the record in the event of a future expungement petition by defendant. In re Applegate, 165 N.J. Super. 417, 398 A.2d 574, 1979 N.J. Super. LEXIS 571 (App.Div.), certif. denied, 81 N.J. 61, 404 A.2d 1160, 1979 N.J. LEXIS 1524 (N.J. 1979).
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Judgment expunging defendant’s convictions was reversed because the plain language of N.J. Stat. Ann. § 2C:522(a) barred the expungement as the convictions of drug possession, burglary, and criminal mischief were not interdependent or closely related in circumstances, did not share common elements, and were not similar in nature. 2019 N.J. Super. LEXIS 174.
Criminal Law & Procedure: Sentencing: Alternatives: Probation Where petitioner had been discharged from probation, albeit with an imperfect record while on probation, and had paid all outstanding fines, the trial court erred in holding that she was barred for applying for expungement of her conviction on the grounds that she was discharged from probation “without improvement,” because under N.J. Stat. Ann. § 2C:45-2(c)(1), a defendant who was discharged from probation satisfied her sentence so long as she paid all fines imposed. In re Expungement of the Crim. Records of E.C., 454 N.J. Super. 48, 184 A.3d 120, 2018 N.J. Super. LEXIS 47 (App.Div. 2018). Individual who has been discharged from probation without improvement, and who has subsequently paid all outstanding fees and fines, is not barred from applying for expungement of the conviction; however, the court may consider her performance while on probation as one factor in deciding whether to grant the petition. In re Expungement of the Crim. Records of E.C., 454 N.J. Super. 48, 184 A.3d 120, 2018 N.J. Super. LEXIS 47 (App.Div. 2018).
Criminal Law & Procedure: Postconviction Proceedings: Clemency Petitioner was entitled to consideration of a petition expungement of criminal records following a gubernatorial pardon because the statutory bar that prevented him from being eligible for expungement was a legal disability came into play solely because of his prior convictions. Because the pardon removed the legal disabilities that arose from those convictions, the statutory bar was dissolved. Petitioner was entitled to an order of expungement on remand because petitioner had led a productive, law-abiding life since the convictions, nothing in the record demonstrated the need for the continued availability of his record and the State presented no argument against expungement other than the statutory bar for multiple convictions. In re Petition for Expungement of Criminal Record Belonging to T.O., 244 N.J. 514, 242 A.3d 842, 2021 N.J. LEXIS 1 (N.J. 2021). Because the legal disability provided in N.J. Stat. Ann. § 2C:52-2(c) arises solely from the fact of conviction and a pardon would dissolve the attendant legal disability arising from the conviction, a person who was pardoned for her 73
Page 13 of 24 § 2C:52-2. Indictable Offenses crime can petition for expungement of criminal records. In re L.B., 369 N.J. Super. 354, 848 A.2d 899, 2004 N.J. Super. LEXIS 183 (Law Div. 2004), overruled, State v. L.V., 2006 N.J. Super. Unpub. LEXIS 1942 (App.Div. Aug. 7, 2006).
Criminal Law & Procedure: Postconviction Proceedings: Expungement
A petitioner subject to Parole Supervision for Life is ineligible to seek expungement until released from all parole supervision, interpreting the five-year requirement as applying to the person—not limited to the conviction(s) for which expungement is sought. Since appellants remained under Parole Supervision for Life for other, unexpunged offenses, the statutory prerequisite was not satisfied and their expungement petitions were properly denied. In re Expungement of the Criminal/Juvenile Recs. of A.W.1, 2026 N.J. Super. LEXIS 58 (App.Div. June 10, 2026).
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute details which individuals can apply to have criminal records expunged, specifies how petitions for expungement are to be filed, and identifies how law enforcement agencies may object. N.J.S.A. 2C:52-2, N.J.S.A. 2C:52-5.1, N.J.S.A. 2C:52-5.3, N.J.S.A. 2C:52-7, N.J.S.A. 2C:52-11, N.J.S.A. 2C:52-14(b). States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Overview: The plain language of N.J.S.A. 2C:35-14(m)(2) only bars expungement of convictions for certain offenses, not juvenile adjudications. The Legislature used the term "adjudications" seven times elsewhere in N.J.S.A. 2C:35-14 but deliberately omitted it from the expungement limitations in N.J.S.A. 2C:35-14 (m)(2).
• A person who completes a special probation sentence in Recovery Court may seek expungement of a criminal record under N.J. Stat. Ann. § 2C:35-14(m). An eligible petitioner may have all records and information connected with all prior arrests, detentions, convictions, and proceedings for any Title 2C offense removed from a record. N.J. Stat. Ann. § 2C:35-14(m)(1). Although the scope of expungable offenses in N.J. Stat. Ann. § 2C:35-14(m)(1) is broader than the list of expungable offenses in the general expungement statute, N.J. Stat. Ann. § 2C:35-14(m)(2) provides: a person shall not be eligible for expungement under N.J. Stat. Ann. § 2C:35-14(m)(1) of this subsection if the records include a conviction for any offense barred from expungement pursuant to N.J. Stat. Ann. § 2C:52-2(b) or N.J. Stat. Ann. § 2C:52-2(c). N.J. Stat. Ann. § 2C:35-14(m)(2). In enacting N.J. Stat. Ann. § 2C:35-14(m), the Legislature chose not to include the term juvenile adjudication in the limits set forth in N.J. Stat. Ann. § 2C:35-14(m)(2). In re Expungement of the Criminal/Juvenile Recs. of P.L., 482 N.J. Super. 319, 343 A.3d 174, 2025 N.J. Super. LEXIS 57 (App.Div. 2025).
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Page 14 of 24 § 2C:52-2. Indictable Offenses Judgment expunging defendant’s convictions was reversed because the plain language of N.J. Stat. Ann. § 2C:522(a) barred the expungement as the convictions of drug possession, burglary, and criminal mischief were not interdependent or closely related in circumstances, did not share common elements, and were not similar in nature. 2019 N.J. Super. LEXIS 174. Petitioner was entitled to consideration of a petition expungement of criminal records following a gubernatorial pardon because the statutory bar that prevented him from being eligible for expungement was a legal disability came into play solely because of his prior convictions. Because the pardon removed the legal disabilities that arose from those convictions, the statutory bar was dissolved. Petitioner was entitled to an order of expungement on remand because petitioner had led a productive, law-abiding life since the convictions, nothing in the record demonstrated the need for the continued availability of his record and the State presented no argument against expungement other than the statutory bar for multiple convictions. In re Petition for Expungement of Criminal Record Belonging to T.O., 244 N.J. 514, 242 A.3d 842, 2021 N.J. LEXIS 1 (N.J. 2021). Judgment denying defendant’s petition for expungement relating to her arrest and conviction for third-degree endangering the welfare of a child for causing the child harm that would make the child an abused or neglected child under N.J. Stat. Ann. § 2C:24-4(a)(2) was affirmed because the plain language of the expungement statute, N.J. Stat. Ann. § 2C:52-2(b), prohibited the expungement of any conviction under N.J. Stat. Ann. § 2C:24-4(a). State v. N.T., 461 N.J. Super. 566, 223 A.3d 206, 2019 N.J. Super. LEXIS 173 (App.Div. 2019), certif. denied, 241 N.J. 338, 228 A.3d 220, 2020 N.J. LEXIS 469 (N.J. 2020). Plain language of N.J. Stat. Ann. § 2C:52-2(b) prohibits the expungement of any conviction under N.J. Stat. Ann. § 2C:24-4(a). State v. N.T., 461 N.J. Super. 566, 223 A.3d 206, 2019 N.J. Super. LEXIS 173 (App.Div. 2019), certif. denied, 241 N.J. 338, 228 A.3d 220, 2020 N.J. LEXIS 469 (N.J. 2020). Where petitioner had been discharged from probation, albeit with an imperfect record while on probation, and had paid all outstanding fines, the trial court erred in holding that she was barred for applying for expungement of her conviction on the grounds that she was discharged from probation “without improvement,” because under N.J. Stat. Ann. § 2C:45-2(c)(1), a defendant who was discharged from probation satisfied her sentence so long as she paid all fines imposed. In re Expungement of the Crim. Records of E.C., 454 N.J. Super. 48, 184 A.3d 120, 2018 N.J. Super. LEXIS 47 (App.Div. 2018). Individual who has been discharged from probation without improvement, and who has subsequently paid all outstanding fees and fines, is not barred from applying for expungement of the conviction; however, the court may consider her performance while on probation as one factor in deciding whether to grant the petition. In re Expungement of the Crim. Records of E.C., 454 N.J. Super. 48, 184 A.3d 120, 2018 N.J. Super. LEXIS 47 (App.Div. 2018). Single crime is subject to expungement, even if it results in multiple counts. In re Expungement Petition of J.S., 223 N.J. 54, 121 A.3d 322, 2015 N.J. LEXIS 821 (N.J. 2015). Where petitioner committed four offenses in the span of two days, in furtherance of the same conspiracy to influence municipal officials by offering gifts in exchange for votes, as each offense consisted of a separate criminal event and occurred at a different time, his crimes, although related, were “prior” and “subsequent” to one another, and thus were not subject to expungement. In re Expungement Petition of J.S., 223 N.J. 54, 121 A.3d 322, 2015 N.J. LEXIS 821 (N.J. 2015). Where petitioner committed two offenses five days apart, and the crimes were not committed as part of a single, uninterrupted criminal event, but each was a discrete “crime” within the meaning of this section, he was not eligible for expungement. In re Expungement Petition of J.S., 223 N.J. 54, 121 A.3d 322, 2015 N.J. LEXIS 821 (N.J. 2015). Plain language of this section precludes expungement of convictions when the petitioner has been convicted of multiple crimes, even when those crimes occurred within a short span of time. In re Expungement Petition of J.S., 223 N.J. 54, 121 A.3d 322, 2015 N.J. LEXIS 821 (N.J. 2015). 75
Page 15 of 24 § 2C:52-2. Indictable Offenses Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014). Based on its language and legislative history,N.J. Stat. Ann. § 2C:52-4.1(a) applies only to the expungement of juvenile adjudications and does not transform a juvenile adjudication into a crime that would bar a later attempt to expunge an adult conviction under N.J. Stat. Ann. § 2C:52-2. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Supreme Court of New Jersey concludes that N.J. Stat. Ann. § 52-4.1(a) applies only to the expungement of juvenile adjudications since there is no evidence that, when the New Jersey Legislature amended the law in 1980 to address juvenile adjudications, it meant to tighten the rules for expunging adult convictions; as a result, an adult who is otherwise eligible for expungement of a crime is not disqualified because of a prior juvenile adjudication. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Appellate court erred by affirming a trial court’s denial of a petition seeking to expunge petitioner’s 1996 criminal conviction because the lower courts erred by considering his prior juvenile adjudications in reviewing the petition since N.J. Stat. Ann. § 2C:52-4.1(a) applied only to the expungement of juvenile adjudications and did not transform his juvenile adjudication into a crime that barred expungement for an adult conviction under N.J. Stat. Ann. § 2C:522. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Trial court erred by expunging petitioner’s convictions for theft and money laundering pursuant to the expungement statute, N.J. Stat. Ann. § 2C:52-2(a), because he failed to meet his burden to prove he committed his crimes concurrently, and not on separate occasions. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013). Expungement statute, N.J. Stat. Ann. § 2C:52-2(a), precludes expungement if a petitioner has been convicted of any prior or subsequent crime with crimes being prior or subsequent if committed on separate occasions, and the petitioner bears the burden to show one crime was not prior or subsequent to the other. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013). Crime involving a course of conduct is deemed to occur, for expungement purposes, when the course of conduct begins as well as when it ends, and the Superior Court of New Jersey, Appellate Division rejects the suggestion that the date of commission is determined solely by N.J. Stat. Ann. § 2C:1-6(c), which states, for statute of limitations purposes, a crime involving a course of conduct is committed when the conduct terminates. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013). Supreme Court of New Jersey reversed the denial of a petitioner’s expungement application because it appeared that he had met the burden of proving under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement of why expungement of a criminal record was in the public interest and a remand was necessary for the trial court to assess the petitioner’s character and conduct as of the date of its new ruling. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Defendants seeking relief under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement have the burden of proving why expungement of a criminal record is in the public interest. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Trial court erred by denying petitioner’s application to expunge his juvenile adjudications because under N.J. Stat. Ann. § 2C:52-4.1(b) he qualified, but expungement was properly denied as to his adult conviction since the petition was filed less than 10 years after completion of the sentence as required by N.J. Stat. Ann. § 2C:52-2(a), and he failed to establish that expungement after just five years was in the public interest, as required by § 2C:52-2(a)(2). In re J.B., 426 N.J. Super. 496, 45 A.3d 1014, 2012 N.J. Super. LEXIS 102 (App.Div. 2012). 76
Page 16 of 24 § 2C:52-2. Indictable Offenses Expungement of criminal records before 10 years pursuant to N.J. Stat. Ann. § 2C:52-2(a)(2) is reserved for compelling but not necessarily rare or unusual cases. A trial court should weigh case-specific facts regarding the nature of the offense, the offender’s character and conduct since conviction, and other relevant factors. In re LoBasso, 423 N.J. Super. 475, 33 A.3d 540, 2012 N.J. Super. LEXIS 2 (App.Div. 2012). In determining whether to expunge a petitioner’s criminal records before 10 years pursuant to N.J. Stat. Ann. § 2C:52-2(a)(2), the court may consider cognizable evidence pursuant to N.J. Ct. R. 1:6-6 related to an arrest on a charge that was ultimately dismissed, although the court may not consider the arrest itself as evidence of guilt. In re LoBasso, 423 N.J. Super. 475, 33 A.3d 540, 2012 N.J. Super. LEXIS 2 (App.Div. 2012). In determining whether to expunge a petitioner’s criminal records before 10 years pursuant to N.J. Stat. Ann. § 2C:52-2(a)(2), with respect to the “nature of the offense,” the trial court may consider 1) the grade of the offense and related circumstances; 2) whether the petitioner engaged in activities post-conviction to limit the risk of reoffending; 3) the petitioner’s character and conduct before conviction; and 4) the conviction record’s impact on the petitioner’s “reentry” efforts. In re LoBasso, 423 N.J. Super. 475, 33 A.3d 540, 2012 N.J. Super. LEXIS 2 (App.Div. 2012). In determining whether to expunge a petitioner’s criminal records before 10 years pursuant to N.J. Stat. Ann. § 2C:52-2(a)(2), while something more than the mere offense-free passage of time is required, courts should not presume that the public interest showing can be made only in rare or unusual cases. A petitioner must surmount the public interest threshold, but nothing more. In re LoBasso, 423 N.J. Super. 475, 33 A.3d 540, 2012 N.J. Super. LEXIS 2 (App.Div. 2012). In determining whether to expunge a petitioner’s criminal records before 10 years pursuant to N.J. Stat. Ann. § 2C:52-2(a)(2), the court may include, in its public interest analysis, cognizable evidence that the conviction record actually has impeded the petitioner’s efforts to resume a productive, law-abiding life. In re LoBasso, 423 N.J. Super. 475, 33 A.3d 540, 2012 N.J. Super. LEXIS 2 (App.Div. 2012). In denying petitioner’s application to expunge his eluding conviction before 10 years pursuant to N.J. Stat. Ann. § 2C:52-2(a)(2), the trial court appropriately considered his arrest for domestic violence assault, which occurred before he was sentenced for eluding and did not result in a conviction, because he did not dispute the complainant’s allegations in a certified complaint concerning the assault, and the court was entitled to consider petitioner’s pre-conviction conduct. In re LoBasso, 423 N.J. Super. 475, 33 A.3d 540, 2012 N.J. Super. LEXIS 2 (App.Div. 2012). In determining whether to expunge a petitioner’s criminal records before 10 years pursuant to N.J. Stat. Ann. § 2C:52-2(a)(2), a court may consider whether he or she has engaged in activities that have limited the risk of reoffending, or has avoided activities that enhanced that risk, including the petitioner’s performance while incarcerated or while on probation, and whether the petitioner 1) has obtained job training or education, 2) complied with other legal obligations (such as child support and motor vehicle fines), 3) maintained family and community ties that promote law-abiding behavior, and 4) severed relationships with persons in the criminal milieu. In re LoBasso, 423 N.J. Super. 475, 33 A.3d 540, 2012 N.J. Super. LEXIS 2 (App.Div. 2012). City employee whose expunged criminal records were allegedly exposed by the city in violation of N.J. Stat. Ann. § 2C:52-2(a) did not establish a claim under the Fourteenth Amendment Due Process Clause for violation of the right of privacy. Expunged information was not truly private and was not constitutionally protected, and state law could not create such protection. Nunez v. Pachman, 578 F.3d 228, 2009 U.S. App. LEXIS 19174 (3d Cir. N.J. 2009). Applicant was not entitled to expunge his bribery conviction because he later committed the crime of false swearing. Having committed two crimes at different times, under the expungement statute, N.J. Stat. Ann. § 2C:52-2, he was precluded from seeking expungement even though he was sentenced and convicted of the two crimes on the same day. In re Ross, 400 N.J. Super. 117, 946 A.2d 86, 2008 N.J. Super. LEXIS 95 (App.Div. 2008). 77
Page 17 of 24 § 2C:52-2. Indictable Offenses Under N.J. Stat. Ann. § 2C:52-2, if a petitioner committed two crimes at different times, he is precluded from seeking expungement even if he was sentenced and convicted for the two crimes on the same day. In re Ross, 400 N.J. Super. 117, 946 A.2d 86, 2008 N.J. Super. LEXIS 95 (App.Div. 2008). Neither N.J. Stat. Ann. § 2C:52-2 nor any other statute bars the expungement of records of domestic violence offenses involving physical violence. In re Criminal Records of H.M.H., 404 N.J. Super. 174, 960 A.2d 821, 2008 N.J. Super. LEXIS 227 (Ch.Div. 2008). As a husband’s simple assault on his wife, to whom he was still married after 10 years, was an apparent aberration in an otherwise law-abiding life, he was entitled to have his criminal records expunged notwithstanding the prosecutor’s objection. In re Criminal Records of H.M.H., 404 N.J. Super. 174, 960 A.2d 821, 2008 N.J. Super. LEXIS 227 (Ch.Div. 2008). Although N.J. Stat. Ann. § 2C:35-5(a)(1) does not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of the narcotics, and thus, either conduct constitutes the crime as defined by § 2C:35-5(a)(1), for the purpose of expungement, it does make a difference as a sale of a controlled dangerous substance (CDS) is a bar to expungement but a transfer for no consideration is not; therefore, the facts must be examined to determine if the underlying possession of CDS was with the intent to sell, as opposed to dispense or distribute without a sale. In re G.R., 395 N.J. Super. 428, 929 A.2d 602, 2007 N.J. Super. LEXIS 283 (App.Div.), certif. denied, 193 N.J. 275, 937 A.2d 977, 2007 N.J. LEXIS 1569 (N.J. 2007). Judgment of conviction for possession of a controlled dangerous substance with intent to dispense or distribute, contrary to N.J. Stat. Ann. § 2C:35-5(a)(1), by itself was not conclusive of an intent to sell or dispense for no consideration; thus, because the description of the offense in the judgment of conviction did not aid the judge in deciding whether the statutory bar of N.J. Stat. Ann. § 2C:52-2(c) applied to defendant’s petition for expungement, the judge did not err by looking beyond the judgment and reviewing grand jury transcripts in determining that defendant intended to sell the narcotics he was convicted of possessing. In re G.R., 395 N.J. Super. 428, 929 A.2d 602, 2007 N.J. Super. LEXIS 283 (App.Div.), certif. denied, 193 N.J. 275, 937 A.2d 977, 2007 N.J. LEXIS 1569 (N.J. 2007). Where the forfeiture of a public office, position, or employment upon a conviction of a crime of the third degree or above mandated by N.J. Stat. Ann. § 2C:51-2(a)(1) is not enforced at the time of the conviction, and the employee subsequently obtains an expungement of that conviction pursuant to N.J. Stat. Ann. § 2C:52-2(a), such forfeiture is one of the collateral consequences of the conviction that is eliminated by the expungement. In re Forfeiture of Public Office of Nunez, 384 N.J. Super. 345, 894 A.2d 1176, 2006 N.J. Super. LEXIS 98 (App.Div. 2006), certif. denied, 187 N.J. 491, 901 A.2d 954, 2006 N.J. LEXIS 1120 (N.J. 2006), overruled in part, In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010). The court properly applied the principles of statutory construction in expunging defendant’s possession with intent to distribute conviction as the expressed purpose of expungement was to grant relief to a reformed, one-time offender. State v. P.L., 369 N.J. Super. 291, 848 A.2d 861, 2004 N.J. Super. LEXIS 180 (App.Div. 2004). Prohibition against expungement of convictions under N.J. Stat. Ann. § 2C:14-2 was not limited to convictions for aggravated sexual assault simply because the parenthetical following the citation to § 2C:14-2 in N.J. Stat. Ann. § 2C:52-2(b) referred solely to “aggravated sexual assault” and not to “sexual assault;” the parenthetical reference to “aggravated sexual assault” was descriptive only and since since N.J. Stat. Ann. § 2C:52-2(b) did not distinguish between the degrees of any of the other offenses that were prohibited from expungement, there was no reason to construe the parenthetical reference to “aggravated sexual assault” as an expression of a legislative intent to limit the prohibition against expungement of convictions under N.J. Stat. Ann. § 2C:14-2“ to first-degree offenses. In re Expungement of W.S., 367 N.J. Super. 307, 842 A.2d 849, 2004 N.J. Super. LEXIS 88 (App.Div. 2004). All convictions for possession with intent to distribute are not outside the terms of N.J. Stat. Ann. § 2C:52-2(c) and therefore eligible for expungement. Although the expungement statute refers to the crime of possession with intent to sell, there is no separate provision under the Criminal Code for an offense by that designation, the crime is 78
Page 18 of 24 § 2C:52-2. Indictable Offenses possession with intent to distribute; consequently, for the statutory bar for expungements to have meaning, it must apply at least to any conviction for possession with intent to distribute where the facts show that the intent was to sell the drugs, rather than to share them or distribute without selling them. In re L.B., 369 N.J. Super. 354, 848 A.2d 899, 2004 N.J. Super. LEXIS 183 (Law Div. 2004), overruled, State v. L.V., 2006 N.J. Super. Unpub. LEXIS 1942 (App.Div. Aug. 7, 2006). Neither a petitioner’s role as an accomplice rather than a principal, nor her intent to distribute cocaine but not to sell, removed her conviction for possession of cocaine with intent to distribute from the bar to expungement established in N.J. Stat. Ann. 2C:52-2(c). In re L.B., 369 N.J. Super. 354, 848 A.2d 899, 2004 N.J. Super. LEXIS 183 (Law Div. 2004), overruled, State v. L.V., 2006 N.J. Super. Unpub. LEXIS 1942 (App.Div. Aug. 7, 2006). Person who does not dispute having committed a crime but who was not convicted of it (because of acquittal, pretrial intervention, lack of sufficient evidence to prosecute, or other similar reason) is nevertheless eligible to seek expungement of the criminal records of her arrest and prosecution because the legal disability provided in N.J. Stat. Ann. § 2C:52-2(c) arises solely from the fact of conviction. In re L.B., 369 N.J. Super. 354, 848 A.2d 899, 2004 N.J. Super. LEXIS 183 (Law Div. 2004), overruled, State v. L.V., 2006 N.J. Super. Unpub. LEXIS 1942 (App.Div. Aug. 7, 2006). Because a pardon that a petitioner received removed the bar to expungement of her criminal record contained in N.J. Stat. Ann. § 2C:52-2(c), and because petitioner, who had an isolated drug conviction at the age of 19 and then changed her life by the age of 35 so that she could point with pride to an accomplished and blameless life, was otherwise deserving of the remedy, a court granted her petition to expunge her criminal record. In re L.B., 369 N.J. Super. 354, 848 A.2d 899, 2004 N.J. Super. LEXIS 183 (Law Div. 2004), overruled, State v. L.V., 2006 N.J. Super. Unpub. LEXIS 1942 (App.Div. Aug. 7, 2006). Interpretation of the expungement statute was to favor expungement of a first-time criminal conviction, pursuant to N.J. Stat. Ann. §§ 2C:52-2a and 2C:52-32, except in those exceptions listed in N.J. Stat. Ann. § 2C:52-2b, which exceptions were to be narrowly construed; accordingly, a private citizen who aided and abetted a public official in criminal activity was not within the class of persons barred from having his records expunged. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003). Where, more than 10 years following the completion of his sentence of imprisonment and parole, a private citizen who was an accomplice to criminal activities committed by a public official pled guilty to a number of crimes directly related to the operation of his waste disposal business, including aiding and abetting official misconduct of a public official in violation of N.J. Stat. Ann. § 2C:30-2, applied for expungement of his record of convictions, which, under N.J. Stat. Ann. § 2C:52-27, would have deemed them not to have occurred, the third paragraph of N.J. Stat. Ann. § 2C:52-2(b), which listed the bar against expungement to public officials, construed in accordance with N.J. Stat. Ann. § 2C:52-32, only applied to those holding a public office, position, or employment, and accordingly the applicant was not barred from seeking expungement. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003). Accomplice’s petition for expungement of his record upon conviction as an accomplice in the distribution of LSD was denied because N.J. Stat. Ann. § 2C:52-2(c) applied equally to principals and accomplices and, thus, accomplice was ineligible for expungement of his record; under § 2C:52-2(c), expungement was denied in the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell. D.A.C. v. State (In re Expungement of Records), 337 N.J. Super. 493, 767 A.2d 976, 2001 N.J. Super. LEXIS 69 (App.Div. 2001). Principals and accomplices were treated the same under New Jersey law at N.J. Stat. Ann. § 2C:2-6; thus; an accomplice in a drug distribution case could not have his record expunged under N.J. Stat. Ann. § 2C:52-2 since the principal would not be allowed to have his record expunged. D.A.C. v. State (In re Expungement of Records), 337 N.J. Super. 493, 767 A.2d 976, 2001 N.J. Super. LEXIS 69 (App.Div. 2001).
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Page 19 of 24 § 2C:52-2. Indictable Offenses Legislative intent as expressed through the clear language and purpose of N.J. Stat. Ann. § 2C:52-2(b) was to bar only the pre-code crime of “rape,” and not “carnal abuse,” thus a defendant’s crime of “carnal abuse” was eligible for expungement. State v. N.W., 329 N.J. Super. 326, 747 A.2d 819, 2000 N.J. Super. LEXIS 124 (App.Div. 2000). The court concluded that N.J. Stat. Ann. §§ 2C:52-2 to 2C:52-6 applied only to criminal charges; the expungement power did not extend to licensing agencies, and the relief sought by petitioner was beyond the power of the board to grant. In re D'Aconti, 316 N.J. Super. 1, 719 A.2d 652, 1998 N.J. Super. LEXIS 416 (App.Div. 1998). Although N.J. Stat. Ann. § 2C:52-14a ostensibly limits a court’s ability to reject an expungement petition to those situations where a statutory prerequisite has not been fulfilled, only petitions to expunge eligible convictions and arrests, as outlined in N.J. Stat. Ann. § 2C:52-2 to -6, fall within the purview of N.J. Stat. Ann. § 2C:52-14a. Therefore, a court is not required by N.J. Stat. Ann. § 2C:52-14a to grant a petition for an expungement of a prior expungement. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998). Scope, structure, and legislative history of the expungement statutes, N.J. Stat. Ann. § 2C:52-1 through -32, indicate that the legislature did not intend to permit a final order of expungement to be expunged in the same manner as a prior arrest or conviction. Although N.J. Stat. Ann. § 2C:52-2 through -6 provide clear statutory criteria for expunging the records of those convicted of indictable offenses, disorderly persons offenses, ordinance violations, and those who are arrested but not convicted, no similar provision is made for modification or expungement of a prior, valid expungement order; therefore, the statutory language intimates that the legislature did not contemplate expungement of anything other than a prior arrest or conviction. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998). Respondent sought expungement of his prior convictions for petit larceny, larceny, and burglary, and the trial court expunged the convictions, but the court reversed and held that respondent was not eligible for expungement because he was convicted of two indictable offenses, and pursuant to the expungement statute, N.J. Stat. Ann. § 2C:52-2, a person convicted of two indictable offenses could not seek relief thereunder. State v. Blazanin, 298 N.J. Super. 221, 689 A.2d 196, 1997 N.J. Super. LEXIS 96 (App.Div. 1997). Petitioner seeking expungement of a conviction of possession of marijuana was required pursuant to N.J. Stat. Ann. § 2C:52-2 to present a verified petition prepared in accordance with N.J. Stat. Ann. § 2C:52-7 to obtain the requested relief and to demonstrate that he was entitled to the relief sought because his marijuana possession conviction was for possession of 25 grams or less. State v. Merendino, 293 N.J. Super. 444, 681 A.2d 117, 1996 N.J. Super. LEXIS 346 (App.Div. 1996). Defendant was entitled to expungement of his conviction for aiding and abetting the distribution of LSD because the exceptions to eligibility for expungement under N.J. Stat. Ann. § 2C:52-2 clearly included only actual sale and distribution of controlled dangerous substances and did not include aiding and abetting. In re R.C., 292 N.J. Super. 151, 678 A.2d 339, 1996 N.J. Super. LEXIS 327 (Law Div. 1996), overruled in part, D.A.C. v. State (In re Expungement of Records), 337 N.J. Super. 493, 767 A.2d 976, 2001 N.J. Super. LEXIS 69 (App.Div. 2001). Where police officers arrested a husband and charged him with making a terroristic threat, unlawful possession of an assault firearm, and unlawful possession of several large capacity ammunition magazines, and a temporary restraining order was issued barring him from the marital residence, but his wife withdrew her domestic violence complaint, and the State withdrew its charges, his expungement petition properly was granted only as to the criminal charges; the husband, not having been convicted of any prior or subsequent crime as required by N.J. Stat. Ann. § 2C:52-2a, qualified for expungement, but N.J. Stat. Ann. § 2C:52-1a encompassed only criminal charges and their consequences. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995).
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Page 20 of 24 § 2C:52-2. Indictable Offenses Although N.J. Stat. Ann. § 2C:52-2 provides procedures for convicted persons to apply for the expungement of their records after a period of time in an attempt to restore their full rights and privileges and to remove certain disabilities associated with a criminal conviction, the Legislature does not specifically provide such an opportunity within the context of gun permitting, and the Legislature’s failure to so provide is considered a purposeful intent to permanently bar individuals bearing foreign convictions from gun ownership; there is no equitable remedy available for the issuance of a gun permit. In re Application of Hart, 265 N.J. Super. 285, 626 A.2d 483, 1993 N.J. Super. LEXIS 674 (Law Div. 1993). N.J. Stat. Ann. § 2C:52-2(b) specifies those crimes not subject to expungement and permits the use of expunged records for a variety of law enforcement and other official purposes. In re J.N.G., 244 N.J. Super. 605, 583 A.2d 364, 1990 N.J. Super. LEXIS 444 (App.Div. 1990). Convicted party was presumptively entitled to have the records of that conviction expunged and there was no need to show any specific need for expungement as per N.J. Stat. Ann. § 2C:52-2, even though the record indicated that the party committed heinous offenses. In re J.N.G., 244 N.J. Super. 605, 583 A.2d 364, 1990 N.J. Super. LEXIS 444 (App.Div. 1990). Denial of petitioner’s application under N.J. Stat. Ann. § 2C:52-2(a) for the expungement of his prior conviction for receiving stolen property was proper where his subsequent federal misdemeanor conviction barred his claim for relief. In re N.A., 218 N.J. Super. 547, 528 A.2d 92, 1987 N.J. Super. LEXIS 1230 (App.Div. 1987). Where a convict sought expungement of two related convictions for incestuous conduct, which were violations of former N.J. Stat. Ann. § 2A:114-2 (now N.J. Stat. Ann. § 2C:14-2), the convictions were expunged, because incest did not fall within the category of convictions that the legislature intended to exclude from the expungement provisions; although N.J. Stat. Ann. 2C:52-2(b) excluded rape convictions from eligibility for expungement, incest was not considered rape for the purposes of the expungement statute. State v. Raymond M., 188 N.J. Super. 533, 457 A.2d 1237, 1982 N.J. Super. LEXIS 1034 (Law Div. 1982). Trial court’s denial of defendant’s petition to have his criminal conviction for attempted rape expunged pursuant to former N.J. Stat. Ann. § 2A:164-28 (now N.J. Stat. Ann. § 2C:52-2), was reversed; the plain meaning of the statute was to except only those crimes listed, and the statute was to be construed as applying to lesser crimes containing some, but not all, of the criminal elements of the specified crimes, such as attempts, conspiracies and assaults with intent to commit the crimes. In re R., 171 N.J. Super. 53, 407 A.2d 1263, 1979 N.J. Super. LEXIS 930 (App.Div. 1979). Doctor was entitled to expungement of all of the state prosecutor’s records of criminal proceedings after five murder counts were either dismissed or the doctor was found not guilty, but the expungement was subject to a civil plaintiff’s right of access to information in the records upon a showing of good cause and the state’s right of access to the records for the purposes of administrative proceedings instituted by a state licensing board in regards to the doctor’s license to practice medicine. Application of Jascalevich, 169 N.J. Super. 392, 404 A.2d 1239, 1979 N.J. Super. LEXIS 860 (App.Div. 1979). A trial court’s denial of a petition filed by an inmate pursuant to former N.J. Stat. Ann. § 2A:85-15 et seq. (now N.J. Stat. Ann. § 2C:52-2) to have expunged or sealed the records of his arrest resulting from two indictments which were later dismissed was reversed; after enforcement authorities lodged an objection to the petition, the trial court was bound to first determine whether there were any grounds for the denial of the petition within the meaning of the term as expressed in former N.J. Stat. Ann. § 2A:85-20(a). State v. King, 156 N.J. Super. 42, 383 A.2d 443, 1978 N.J. Super. LEXIS 695 (App.Div. 1978). Expungement of arrest records is controlled by former N.J. Stat. Ann. § 2A:85-15 (now N.J. Stat. Ann. § 2C:52-2), which permits expungement only where the charge is dismissed against the defendant or the defendant is discharged without conviction or is acquitted. State v. Tully, 150 N.J. Super. 516, 376 A.2d 194, 1977 N.J. Super. LEXIS 961 (App.Div. 1977). 81
Page 21 of 24 § 2C:52-2. Indictable Offenses Defendant’s petition for expungement of his criminal record pursuant to former N.J. Stat. Ann. § 2A:164-28 (now N.J. Stat. Ann. § 2C:52-2) was denied because he had a conviction in another state for obtaining telephone service by fraud within a 10-year timeframe; if for subsequent conviction purposes, only criminal convictions entered in the state should be considered, unreasonable results might follow, such a reading would enable an individual with a single criminal conviction in the state, but whose record revealed subsequent judgments of conviction rendered against him within the 10-year period in every other jurisdiction of the nation, to petition the state courts to expunge the original record of conviction. State v. Josselyn, 148 N.J. Super. 538, 372 A.2d 1184, 1977 N.J. Super. LEXIS 1341 (Cty. Ct. 1977). Defendant’s convictions on six indictments were considered “a conviction” for expungement purposes, pursuant to former N.J. Stat. Ann. § 2A:164-28 (now N.J. Stat. Ann. § 2C:52-2), because the offenses occurred within a comparatively short time and the judgments on defendant’s guilty pleas were entered on the same day. Application of Fontana, 146 N.J. Super. 264, 369 A.2d 935, 1976 N.J. Super. LEXIS 575 (App.Div. 1976). Defendant’s petition for expungement of a drug conviction that was over 10 years old was properly denied on the ground that his motion for expungement was filed the same day he was indicted on several drug charges; the pending indictment constituted a “reason to the contrary” for granting expungement. State v. Petti, 142 N.J. Super. 283, 361 A.2d 108, 1976 N.J. Super. LEXIS 794 (App.Div. 1976). Trial court erred in expunging the record of defendant’s conviction pursuant to former N.J. Stat. Ann. § 2A:164-28 (now N.J. Stat. Ann. § 2C:52-2), for bookmaking, by trying to effect what it conceived to be a fair result through the process of interpreting an unambiguous provision. State v. Italiano, 132 N.J. Super. 1, 331 A.2d 289, 1975 N.J. Super. LEXIS 857 (App.Div. 1975). Pursuant to former N.J. Stat. Ann. § 2A:85-15 (now N.J. Stat. Ann. § 2C:52-2), any objection by law enforcement agencies to the expungement of criminal records pursuant to former N.J. Stat. Ann. § 2A:85-17(b) or sealing of records pursuant to former N.J. Stat. Ann. § 85-18(b), must be material to the necessities of law enforcement. State v. San Vito, 129 N.J. Super. 185, 322 A.2d 509, 1974 N.J. Super. LEXIS 591 (Law Div. 1974), rev'd, 133 N.J. Super. 508, 337 A.2d 624, 1975 N.J. Super. LEXIS 846 (App.Div. 1975). Defendant’s motion to expunge an arrest for possession of marijuana from his record should have been granted because the court found that evidence against defendant which was suppressed was not highly probative, as contemplated by former N.J. Stat. Ann. § 2A:85-20 (now N.J. Stat. Ann. § 2C:52-2). State v. Davies, 129 N.J. Super. 1, 321 A.2d 286, 1974 N.J. Super. LEXIS 883 (Cty. Ct. 1974). Where the multiple offender’s 1953 conviction for larceny had been expunged, he was not entitled to have his 1937 conviction for stealing a motor vehicle expunged under former N.J. Stat. Ann. § 2A:164-28 (now N.J. Stat. Ann. § 2C:52-2) on the ground that he was entitled to expungement of his last conviction; the legislature did not intend to permit a multiple offender to expunge the records of all of his convictions by starting with the last and working backwards, arguing each time that his latter convictions had never occurred because they had been expunged. State v. D'Angerio, 124 N.J. Super. 240, 305 A.2d 827, 1973 N.J. Super. LEXIS 532 (Law Div. 1973). State argued that the trial court erred when it granted defendant’s motion to have his original conviction of breaking and entering expunged because his subsequent conviction of simple assault and battery, a disorderly persons offense, barred the expungement of the prior conviction. The court disagreed and stated that the reference to a “subsequent conviction” in former N.J. Stat. Ann. § 2A:164-28 (now N.J. Stat. Ann. § 2C:52-2), which barred the expungement of a record, meant only a “subsequent criminal conviction” and a violation under the disorderly persons act was not generally considered a crime. State v. Blinsinger, 114 N.J. Super. 318, 276 A.2d 182, 1971 N.J. Super. LEXIS 621 (App.Div. 1971). Defendant was not entitled to have his criminal records for petite larceny and a traffic violation convictions expunged under former N.J. Stat. Ann. § 2A:164-28 (now N.J. Stat. Ann. § 2C:52-2), because the statute was available only to persons with only one conviction. State v. Chelson, 104 N.J. Super. 508, 250 A.2d 445, 1969 N.J. Super. LEXIS 606 (Cty. Ct. 1969). 82
Page 22 of 24 § 2C:52-2. Indictable Offenses
Evidence: Procedural Considerations: Burdens of Proof: Allocation Trial court erred by expunging petitioner’s convictions for theft and money laundering pursuant to the expungement statute, N.J. Stat. Ann. § 2C:52-2(a), because he failed to meet his burden to prove he committed his crimes concurrently, and not on separate occasions. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013). Expungement statute, N.J. Stat. Ann. § 2C:52-2(a), precludes expungement if a petitioner has been convicted of any prior or subsequent crime with crimes being prior or subsequent if committed on separate occasions, and the petitioner bears the burden to show one crime was not prior or subsequent to the other. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013). Supreme Court of New Jersey reversed the denial of a petitioner’s expungement application because it appeared that he had met the burden of proving under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement of why expungement of a criminal record was in the public interest and a remand was necessary for the trial court to assess the petitioner’s character and conduct as of the date of its new ruling. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Defendants seeking relief under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement have the burden of proving why expungement of a criminal record is in the public interest. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012).
Family Law: Delinquency & Dependency: Delinquency Proceedings
Overview: The plain language of N.J.S.A. 2C:35-14(m)(2) only bars expungement of convictions for certain offenses, not juvenile adjudications. The Legislature used the term "adjudications" seven times elsewhere in N.J.S.A. 2C:35-14 but deliberately omitted it from the expungement limitations in N.J.S.A. 2C:35-14 (m)(2).
• To ascertain whether expungement is permitted under the general expungement statute, any act resulting in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult. N.J. Stat. Ann. § 2C:52-2(b) prohibits expungement of certain adult criminal convictions, specifically including convictions for robbery, N.J. Stat. Ann. § 2C:15-1. Therefore, according to the general expungement statute, someone with a juvenile adjudication of any of the disqualifying offenses who petitions for expungement under the general expungement statute would not be permitted to expunge a record of a juvenile adjudication of that offense. In re Expungement of the Criminal/Juvenile Recs. of P.L., 482 N.J. Super. 319, 343 A.3d 174, 2025 N.J. Super. LEXIS 57 (App.Div. 2025).
Governments: Courts: Court Records
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Page 23 of 24 § 2C:52-2. Indictable Offenses Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute details which individuals can apply to have criminal records expunged, specifies how petitions for expungement are to be filed, and identifies how law enforcement agencies may object. N.J.S.A. 2C:52-2, N.J.S.A. 2C:52-5.1, N.J.S.A. 2C:52-5.3, N.J.S.A. 2C:52-7, N.J.S.A. 2C:52-11, N.J.S.A. 2C:52-14(b). States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Governments: Legislation: Interpretation Where, more than 10 years following the completion of his sentence of imprisonment and parole, a private citizen who was an accomplice to criminal activities committed by a public official pled guilty to a number of crimes directly related to the operation of his waste disposal business, including aiding and abetting official misconduct of a public official in violation of N.J. Stat. Ann. § 2C:30-2, applied for expungement of his record of convictions, which, under N.J. Stat. Ann. § 2C:52-27, would have deemed them not to have occurred, the third paragraph of N.J. Stat. Ann. § 2C:52-2(b), which listed the bar against expungement to public officials, construed in accordance with N.J. Stat. Ann. § 2C:52-32, only applied to those holding a public office, position, or employment, and accordingly the applicant was not barred from seeking expungement. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003). Although N.J. Stat. Ann. § 2C:52-2 provides procedures for convicted persons to apply for the expungement of their records after a period of time in an attempt to restore their full rights and privileges and to remove certain disabilities associated with a criminal conviction, the Legislature does not specifically provide such an opportunity within the context of gun permitting, and the Legislature’s failure to so provide is considered a purposeful intent to permanently bar individuals bearing foreign convictions from gun ownership; there is no equitable remedy available for the issuance of a gun permit. In re Application of Hart, 265 N.J. Super. 285, 626 A.2d 483, 1993 N.J. Super. LEXIS 674 (Law Div. 1993). Trial court erred in expunging the record of defendant’s conviction pursuant to former N.J. Stat. Ann. § 2A:164-28 (now N.J. Stat. Ann. § 2C:52-2), for bookmaking, by trying to effect what it conceived to be a fair result through the process of interpreting an unambiguous provision. State v. Italiano, 132 N.J. Super. 1, 331 A.2d 289, 1975 N.J. Super. LEXIS 857 (App.Div. 1975).
Governments: Legislation: Statutes of Limitations: Time Limitations Crime involving a course of conduct is deemed to occur, for expungement purposes, when the course of conduct begins as well as when it ends, and the Superior Court of New Jersey, Appellate Division rejects the suggestion that the date of commission is determined solely by N.J. Stat. Ann. § 2C:1-6(c), which states, for statute of limitations purposes, a crime involving a course of conduct is committed when the conduct terminates. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013).
Governments: Local Governments: Employees & Officials
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Page 24 of 24 § 2C:52-2. Indictable Offenses Where the forfeiture of a public office, position, or employment upon a conviction of a crime of the third degree or above mandated by N.J. Stat. Ann. § 2C:51-2(a)(1) is not enforced at the time of the conviction, and the employee subsequently obtains an expungement of that conviction pursuant to N.J. Stat. Ann. § 2C:52-2(a), such forfeiture is one of the collateral consequences of the conviction that is eliminated by the expungement. In re Forfeiture of Public Office of Nunez, 384 N.J. Super. 345, 894 A.2d 1176, 2006 N.J. Super. LEXIS 98 (App.Div. 2006), certif. denied, 187 N.J. 491, 901 A.2d 954, 2006 N.J. LEXIS 1120 (N.J. 2006), overruled in part, In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010).
Governments: State & Territorial Governments: Employees & Officials Where the forfeiture of a public office, position, or employment upon a conviction of a crime of the third degree or above mandated by N.J. Stat. Ann. § 2C:51-2(a)(1) is not enforced at the time of the conviction, and the employee subsequently obtains an expungement of that conviction pursuant to N.J. Stat. Ann. § 2C:52-2(a), such forfeiture is one of the collateral consequences of the conviction that is eliminated by the expungement. In re Forfeiture of Public Office of Nunez, 384 N.J. Super. 345, 894 A.2d 1176, 2006 N.J. Super. LEXIS 98 (App.Div. 2006), certif. denied, 187 N.J. 491, 901 A.2d 954, 2006 N.J. LEXIS 1120 (N.J. 2006), overruled in part, In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010).
Governments: State & Territorial Governments: Licenses Although N.J. Stat. Ann. § 2C:52-2 provides procedures for convicted persons to apply for the expungement of their records after a period of time in an attempt to restore their full rights and privileges and to remove certain disabilities associated with a criminal conviction, the Legislature does not specifically provide such an opportunity within the context of gun permitting, and the Legislature’s failure to so provide is considered a purposeful intent to permanently bar individuals bearing foreign convictions from gun ownership; there is no equitable remedy available for the issuance of a gun permit. In re Application of Hart, 265 N.J. Super. 285, 626 A.2d 483, 1993 N.J. Super. LEXIS 674 (Law Div. 1993).
Research References & Practice Aids Cross References: Expungement of records of young drug offenders, see 2C:52-5. Grounds for denial of relief, see 2C:52-14. Juvenile delinquent; expungement of adjudications and charges, see 2C:52-4.1. LAW REVIEWS & JOURNALS: 64 Rutgers L. Rev. 795. 26 Seton Hall L. Rev. 764. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-3 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses a. (1) Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has not been convicted of any crime, whether within this State or any other jurisdiction, may present an expungement application to a court pursuant to this section. (2) Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has also been convicted of one or more crimes shall not be eligible to apply for an expungement pursuant to this section, but may present an expungement application to the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged, pursuant to N.J.S.2C:52-2. b. Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has not been convicted of any crime, whether within this State or any other jurisdiction, may present an expungement application pursuant to this section to the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged if: the person has been convicted, under the laws of this State, on the same or separate occasions of no more than five disorderly persons offenses, no more than five petty disorderly persons offenses, or a combination of no more than five disorderly persons and petty disorderly persons offenses, and the person does not otherwise have any subsequent conviction for a disorderly persons or petty disorderly persons offense, whether within this State or any other jurisdiction, such that the total number of convictions for disorderly persons and petty disorderly persons offenses would exceed five. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another disorderly persons offense or petty disorderly persons offense shall not bar presenting an application seeking expungement relief for the convictions that are the subject of the application, which may include convictions for no more than five disorderly persons or petty disorderly persons offenses, or combination thereof; or the person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses under the laws of this State, or a combination of multiple disorderly persons and petty disorderly persons offenses under the laws of this State, which convictions were entered on the same day, and does not otherwise have any subsequent conviction for another offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another disorderly persons or petty disorderly persons offense that was not entered on
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Page 2 of 8 § 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses the same day shall not bar presenting an application seeking expungement relief for the convictions entered on the same day that are the subject of the application; or the person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses under the laws of this State, or a combination of multiple disorderly persons and petty disorderly persons offenses under the laws of this State, which offenses or combination of offenses were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time, regardless of the date of conviction or sentencing for each individual offense, and the person does not otherwise have any subsequent conviction for another offense in addition to those convictions included in the expungement application, whether within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another disorderly persons offense or petty disorderly persons offense that was not interdependent or closely related in circumstances and was not committed within a comparatively short period of time as described above shall not bar presenting an application seeking expungement relief for the convictions of offenses that were interdependent or closely related and committed within a comparatively short period of time, and that are the subject of the application. For purposes of determining eligibility to present an expungement application to the court pursuant to this section, a conviction for unlawful distribution of, or possessing or having under control with intent to distribute, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5,or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection b. of that section, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1), for distributing, or possessing or having under control with intent to distribute, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building, or for obtaining or possessing marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10, or for an equivalent crime in another jurisdiction, regardless of when the conviction occurred, shall not be considered a conviction of a crime within this State or any other jurisdiction but shall instead be considered a conviction of a disorderly persons offense within this State or an equivalent category of offense within the other jurisdiction, and a conviction for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or a violation involving marijuana or hashish as described herein and using or possessing with intent to use drug paraphernalia with that marijuana or hashish in violation of N.J.S.2C:36-2, or for an equivalent crime or offense in another jurisdiction, regardless of when the conviction occurred, shall not be considered a conviction within this State or any other jurisdiction. Additionally, for purposes of determining eligibility to present an expungement application to the court pursuant to this section, a conviction for unlawful distribution or dispensing of, possession with intent to distribute or dispense, or manufacture with intent to distribute or dispense, drug paraphernalia in violation of N.J.S.2C:36-3 when the paraphernalia is a hypodermic syringe or needle, or for an equivalent crime involving a hypodermic syringe or needle in another jurisdiction, regardless of when the conviction occurred, shall not be considered a conviction of a crime within this State or any other jurisdiction but shall instead be considered a conviction of a disorderly persons offense within this State or an equivalent category of offense within the other jurisdiction, and a conviction for using or possessing with intent to use drug paraphernalia in violation of N.J.S.2C:36-2 when the paraphernalia is a hypodermic syringe or needle, or possession with intent to use or to distribute a hypodermic syringe or needle in violation of N.J.S.2C:366, of for an equivalent crime or offense in another jurisdiction, regardless of when the conviction occurred, shall not be considered a conviction within this State or any other jurisdiction. The person, if eligible, may present the expungement application after the expiration of a period of five years from the date of his most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later. The term “court-ordered financial assessment” as used herein and throughout this section means and includes any 87
Page 3 of 8 § 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the application, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The person shall submit the expungement application to the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged, which includes a duly verified petition as provided in N.J.S.2C:52-7 praying that the conviction, or convictions if applicable, and all records and information pertaining thereto be expunged. The petition appended to an application shall comply with the requirements of N.J.S.2C:52-1 et seq. Notwithstanding the provisions of the five-year time requirement, if, at the time of application, a courtordered financial assessment subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful noncompliance, but the time requirement of five years is otherwise satisfied, the person may submit the expungement application and the court may grant an expungement; provided, however, that 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 collections and disbursement responsibility to the State Treasurer for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1). The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment. Additionally, an application may be filed and presented, and the court may grant an expungement pursuant to this section, although less than five years have expired in accordance with the time requirements when the court finds: (1) the court-ordered financial assessment is satisfied but less than five years have expired from the date of satisfaction, the five-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq. or could not do so due to compelling circumstances affecting his ability to satisfy the assessment; or (2) at least three but less than five years have expired from the date of the most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later; and the person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction; and the court finds in its discretion that compelling circumstances exist to grant the expungement. The prosecutor may object pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24. In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider any relevant information provided by the person submitting the application and the prosecutor, including the amount of any court-ordered financial assessment imposed, the person’s age at the time of the offense or offenses, the person’s financial condition, and other relevant circumstances regarding the person’s ability to pay. However, regarding a determination of compelling circumstances pursuant to paragraph (1) of this subsection or a determination of compelling circumstances pursuant to any other part of this section, the person shall not be required to provide transcripts of plea or sentencing proceedings or be required to provide any presentence reports with the application or any other filing.
History L. 1979, c. 178, § 110; amended by L. 1981, c. 290, § 43; 2015, c. 261, § 3, effective April 18, 2016; 2017, c. 244, § 2, effective October 1, 2018; 2019, c. 269, § 3, effective June 15, 2020; 2021, c. 403, § 1, effective January 18, 2022; 2023, c. 260, § 2, effective January 12, 2024.
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Page 4 of 8 § 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses Annotations
Notes Editor's Notes: The amendments to this section by L. 2015, c. 261 were enacted in accordance with the Governor's recommendations made on conditional veto of the legislation (Assembly Committee Substitute (Fourth Reprint) for Assembly Nos. 206, 471, 1663, 2879, 3060, and 3108). Effective Dates Section 10 of L. 2015, c. 261 provides: “This act shall take effect on the 90th day following enactment.” Chapter 261, L. 2015, was approved on Jan. 19, 2016. Section 9 of L. 2017, c. 244 provides: “This act shall take effect on the first day of the tenth month next following enactment.” Chapter 244, L. 2017, was approved on Dec. 20, 2017. Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Notes 2015 amendment, by Chapter 261, rewrote the section, which formerly read: “Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 hereof to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.” 2017 amendment, by Chapter 244, in a., substituted “person who has been convicted of one or more disorderly persons” for “person convicted of a disorderly persons offense” twice, deleted “prior or subsequent” preceding “crime” in the first sentence, and substituted “one or more crimes” for “a prior or subsequent crime” in the second sentence; rewrote b.; and made stylistic changes. 2019 amendment, by Chapter 269, rewrote the section. 2021 amendment, by Chapter 403, added the sixth paragraph in b. 2023 amendment, by Chapter 260, added the a.(1) and a.(2) designations; added “in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged” in a.(2); substituted “the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged” for “any court designated by the Rules of Court” in the introductory language of b.; in the sixth paragraph of b., in the third sentence, substituted “the Superior Court” for “a court” and “person resides or a county in which one or more of the person’s convictions were” for “most recent conviction for a disorderly persons or petty disorderly persons offense was”; and in the ninth paragraph of b., added “any relevant information provided 89
Page 5 of 8 § 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses by the person submitting the application and the prosecutor, including” in the first sentence, and added the second sentence.
CASE NOTES Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: General Overview Criminal Law & Procedure: Criminal Offenses: Property Crimes: Burglary & Criminal Trespass: General Overview Criminal Law & Procedure: Arrests: General Overview Criminal Law & Procedure: Sentencing: Forfeitures: General Overview Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Legislation: Interpretation Governments: Local Governments: Employees & Officials Governments: State & Territorial Governments: Employees & Officials
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: General Overview Denial of defendant’s petition to expunge her record of three convictions committed in New Jersey pursuant to N.J. Stat. Ann. § 2C:52-3 was proper because defendant’s convictions of disorderly persons and petty disorderly persons in other jurisdictions made defendant ineligible for expungement. State v. Ochoa, 314 N.J. Super. 168, 714 A.2d 349, 1998 N.J. Super. LEXIS 347 (App.Div. 1998). N.J. Stat. Ann. § 2C:52-3 barred expungement of a defendant’s conviction for a disorderly persons conviction for larceny from parking meters, a violation of former N.J. Stat. Ann. § 2A:170-30.1 following a subsequent conviction for breaking, entering, and attempted larceny. In re F.A.U., 190 N.J. Super. 245, 463 A.2d 344, 1983 N.J. Super. LEXIS 891 (App.Div. 1983).
Criminal Law & Procedure: Criminal Offenses: Property Crimes: Burglary & Criminal Trespass: General Overview N.J. Stat. Ann. § 2C:52-3 barred expungement of a defendant’s conviction for a disorderly persons conviction for larceny from parking meters, a violation of former N.J. Stat. Ann. § 2A:170-30.1 following a subsequent conviction 90
Page 6 of 8 § 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses for breaking, entering, and attempted larceny. In re F.A.U., 190 N.J. Super. 245, 463 A.2d 344, 1983 N.J. Super. LEXIS 891 (App.Div. 1983).
Criminal Law & Procedure: Arrests: General Overview When a person who was arrested but never convicted, and whose arrest record was expunged, applies for a law enforcement position, the New Jersey Merit System Board may not require the applicant to provide the “evidence of rehabilitation” required by N.J. Stat. Ann. § 11A:4-11, because such evidence is provided by the foundation for the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Criminal Law & Procedure: Sentencing: Forfeitures: General Overview Former public employee filed a petition for expungement of her disorderly persons offense under N.J. Stat. Ann. § 2C:52-3. The State’s objection to the petition under N.J. Stat. Ann. § 2C:52-14(b) on grounds that it would relieve her from the effect of an order of forfeiture of public employment under N.J. Stat. Ann. § 2C:51-2 was not well founded, as the question of whether expungement should be granted was different from the separate but related question as to the reach of any resulting order of expungement. In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010). Pursuant to N.J. Stat. Ann. § 2C:52-3, the trial court properly ordered the expungement of a former public employee’s conviction for a disorderly person offense, but erred in also expunging the concomitant order of forfeiture of public employment under N.J. Stat. Ann. § 2C:51-2(d). An order of forfeiture had to be severed from— and preserved from the expungement of—the conviction that originally triggered the order of forfeiture. In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010).
Criminal Law & Procedure: Postconviction Proceedings: Expungement Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014). Former public employee filed a petition for expungement of her disorderly persons offense under N.J. Stat. Ann. § 2C:52-3. The State’s objection to the petition under N.J. Stat. Ann. § 2C:52-14(b) on grounds that it would relieve her from the effect of an order of forfeiture of public employment under N.J. Stat. Ann. § 2C:51-2 was not well founded, as the question of whether expungement should be granted was different from the separate but related question as to the reach of any resulting order of expungement. In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010). Pursuant to N.J. Stat. Ann. § 2C:52-3, the trial court properly ordered the expungement of a former public employee’s conviction for a disorderly person offense, but erred in also expunging the concomitant order of forfeiture of public employment under N.J. Stat. Ann. § 2C:51-2(d). An order of forfeiture had to be severed from— and preserved from the expungement of—the conviction that originally triggered the order of forfeiture. In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010). Where respondent had been convicted of a disorderly persons offense nine years before she sought expungement of that conviction; she led a blameless life both before and since; her petition for expungement satisfied all of the statutory requirements; and the State failed to demonstrate a basis cognizable under New Jersey’s expungement statute, N.J. Stat. Ann. §§ 2C:52-1 to 2C:52-1-32, to deny that relief, her conviction was properly expunged. In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010). 91
Page 7 of 8 § 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses Denial of defendant’s petition to expunge her record of three convictions committed in New Jersey pursuant to N.J. Stat. Ann. § 2C:52-3 was proper because defendant’s convictions of disorderly persons and petty disorderly persons in other jurisdictions made defendant ineligible for expungement. State v. Ochoa, 314 N.J. Super. 168, 714 A.2d 349, 1998 N.J. Super. LEXIS 347 (App.Div. 1998). Trial court’s refusal to expunge a defendant’s record under N.J. Stat. Ann. § 2C:52-3 because she committed other offenses in other jurisdictions was proper because to do so would be manifestly inconsistent with the legislative intent of N.J. Stat. Ann. § 2C:52-32; omissions in § 2C:52-32 was not construed by the court as disregarding other convictions in other jurisdiction. State v. Ochoa, 314 N.J. Super. 168, 714 A.2d 349, 1998 N.J. Super. LEXIS 347 (App.Div. 1998). Where a husband’s criminal charges and related consequences that arose from a domestic incident might be subject to expungement under N.J. Stat. Ann. § 2C:52-1a, a domestic violence complaint arising from the same incident, in which his wife sought restraints and other civil relief, was not; this result contrasted with that related to offenses not traditionally considered “crimes” but for which expungement was provided, e.g., N.J. Stat. Ann. § 2C:52-3, N.J. Stat. Ann. § 2C:52-4, and N.J. Stat. Ann. § 2C:52-4.1, or for crimes otherwise excluded from expungement but where particular characteristics existed, e.g., N.J. Stat. Ann. § 2C:52-5, or where a conviction did not result because of a dismissal, acquittal or discharge, e.g., N.J. Stat. Ann. § 2C:52-6. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). Individual convicted of three disorderly persons offenses was not barred from expungement of his record by N.J. Stat. Ann. § 2C:52-32; pursuant to N.J. Stat. Ann. § 2C:52-3, convictions of up to three disorderly persons offenses could be expunged if the individual had no additional convictions. State v. A.N.J., 98 N.J. 421, 487 A.2d 324, 1985 N.J. LEXIS 2224 (N.J. 1985). N.J. Stat. Ann. § 2C:52-3 barred expungement of a defendant’s conviction for a disorderly persons conviction for larceny from parking meters, a violation of former N.J. Stat. Ann. § 2A:170-30.1 following a subsequent conviction for breaking, entering, and attempted larceny. In re F.A.U., 190 N.J. Super. 245, 463 A.2d 344, 1983 N.J. Super. LEXIS 891 (App.Div. 1983). Defendant’s disorderly persons conviction record could not be expunged because he was convicted of a subsequent offense before petitioning for expungement under former N.J. Stat. Ann. § 2A:169-11 (now N.J. Stat. Ann. § 2C:52-3), and his arrest record could not be expunged because he was convicted of the offense. State v. Tully, 150 N.J. Super. 516, 376 A.2d 194, 1977 N.J. Super. LEXIS 961 (App.Div. 1977). Former N.J. Stat. Ann. § 2A:169-11 (now N.J. Stat. Ann. 2C:52-3), which provides for the expungement of a record of conviction for a disorderly persons offense, does not include within its terms the expungement of the record of arrest for such an offense as well because the legislature intended by the language it employed in the statute to limit the right of expungement to a record of conviction; the record of arrest is not mentioned and its inclusion as an object of expungement may not fairly be found to be implied. Application of Raynor, 123 N.J. Super. 526, 303 A.2d 896, 1973 N.J. Super. LEXIS 639 (App.Div. 1973). Former N.J. Stat. Ann. § 2A:169-11 (now N.J. Stat. Ann. § 2C:52-3) provides that the record of conviction of disorderly persons may be expunged after five years from the date thereof, provided there has been no subsequent criminal conviction. Application of Fortenbach, 119 N.J. Super. 124, 290 A.2d 315, 1972 N.J. Super. LEXIS 686 (Cty. Ct. 1972).
Governments: Legislation: Interpretation Trial court’s refusal to expunge a defendant’s record under N.J. Stat. Ann. § 2C:52-3 because she committed other offenses in other jurisdictions was proper because to do so would be manifestly inconsistent with the legislative intent of N.J. Stat. Ann. § 2C:52-32; omissions in § 2C:52-32 was not construed by the court as disregarding other 92
Page 8 of 8 § 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses convictions in other jurisdiction. State v. Ochoa, 314 N.J. Super. 168, 714 A.2d 349, 1998 N.J. Super. LEXIS 347 (App.Div. 1998).
Governments: Local Governments: Employees & Officials When a person who was arrested but never convicted, and whose arrest record was expunged, applies for a law enforcement position, the New Jersey Merit System Board may not require the applicant to provide the “evidence of rehabilitation” required by N.J. Stat. Ann. § 11A:4-11, because such evidence is provided by the foundation for the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Governments: State & Territorial Governments: Employees & Officials When a person who was arrested but never convicted, and whose arrest record was expunged, applies for a law enforcement position, the New Jersey Merit System Board may not require the applicant to provide the “evidence of rehabilitation” required by N.J. Stat. Ann. § 11A:4-11, because such evidence is provided by the foundation for the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Research References & Practice Aids Cross References: Juvenile delinquent; expungement of adjudications and charges, see 2C:52-4.1. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-4 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-4. Ordinances In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, may, after the expiration of a period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged praying that such conviction and all records and information pertaining thereto be expunged.
History
L. 1979, c. 178, § 111; amended by 2023, c. 260, § 4, effective January 12, 2024. Annotations
Notes
Amendment Notes 2023 amendment, by Chapter 260, substituted “person resides or a county in which one or more of the person’s convictions were adjudged” for “violation occurred.”
CASE NOTES Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Criminal Law & Procedure: Postconviction Proceedings: Expungement
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was
Yasmine Boto
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Page 2 of 2 § 2C:52-4. Ordinances permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014).
Criminal Law & Procedure: Postconviction Proceedings: Expungement Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014). Where a husband’s criminal charges and related consequences that arose from a domestic incident might be subject to expungement under N.J. Stat. Ann. § 2C:52-1a, a domestic violence complaint arising from the same incident, in which his wife sought restraints and other civil relief, was not; this result contrasted with that related to offenses not traditionally considered “crimes” but for which expungement was provided, e.g., N.J. Stat. Ann. § 2C:52-3, N.J. Stat. Ann. § 2C:52-4, and N.J. Stat. Ann. § 2C:52-4.1, or for crimes otherwise excluded from expungement but where particular characteristics existed, e.g., N.J. Stat. Ann. § 2C:52-5, or where a conviction did not result because of a dismissal, acquittal or discharge, e.g., N.J. Stat. Ann. § 2C:52-6. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995).
Research References & Practice Aids
Cross References: Juvenile delinquent; expungement of adjudications and charges, see 2C:52-4.1. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-4.1 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-4.1. Juvenile delinquent; expungement of adjudications and charges a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows: (1) Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult; (2) Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or (3) Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult. For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult. b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if: (1) Three years have elapsed since the final discharge of the person from legal custody or supervision or three years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the three-year period for purposes of this paragraph; (2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the three years prior to the filing of the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the three-year period for purposes of this paragraph; (3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2; (4) He has never had an adult conviction expunged; and (5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program. c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6.
History L. 1980, c. 163, § 1; amended by L. 1981, c. 290, § 44; 2009, c. 188, § 2, eff. Mar. 13, 2010; 2017, c. 245, § 1, effective April 1, 2018. Yasmine Boto
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Page 2 of 3 § 2C:52-4.1. Juvenile delinquent; expungement of adjudications and charges Annotations
Notes OLS Corrections: Pursuant to R.S.1:3-1, the Office of Legislative Services, through its Legislative Counsel and with the concurrence of the Attorney General, inserted “of” preceding “the petition” in b.(2) in L. 2009, c. 188, § 2. Effective Dates: Section 4 of L. 2009, c. 188 provides: “This act shall take effect on the 60th day after enactment.” Chapter 188, L. 2009, was approved on Jan. 12, 2010. Section 2 of L. 2017, c. 245 provides: “This act shall take effect on the first day of the fourth month next following enactment.” Chapter 245, L. 2017, was approved on Dec. 20, 2017. Amendment Note: 2009 amendment, by Chapter 188, in b.(1) and b.(2), added “except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph.” 2017 amendment, by Chapter 245, substituted “Three years” for “Five years” or variants and “three-year period” for “five-year period” throughout b.(1) and b.(2).
CASE NOTES Criminal Law & Procedure: Juvenile Offenders: Juvenile Proceedings: Records Criminal Law & Procedure: Postconviction Proceedings: Expungement
Criminal Law & Procedure: Juvenile Offenders: Juvenile Proceedings: Records Based on its language and legislative history,N.J. Stat. Ann. § 2C:52-4.1(a) applies only to the expungement of juvenile adjudications and does not transform a juvenile adjudication into a crime that would bar a later attempt to expunge an adult conviction under N.J. Stat. Ann. § 2C:52-2. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Supreme Court of New Jersey concludes that N.J. Stat. Ann. § 52-4.1(a) applies only to the expungement of juvenile adjudications since there is no evidence that, when the New Jersey Legislature amended the law in 1980 to address juvenile adjudications, it meant to tighten the rules for expunging adult convictions; as a result, an adult who is otherwise eligible for expungement of a crime is not disqualified because of a prior juvenile adjudication. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Appellate court erred by affirming a trial court’s denial of a petition seeking to expunge petitioner’s 1996 criminal conviction because the lower courts erred by considering his prior juvenile adjudications in reviewing the petition since N.J. Stat. Ann. § 2C:52-4.1(a) applied only to the expungement of juvenile adjudications and did not transform his juvenile adjudication into a crime that barred expungement for an adult conviction under N.J. Stat. Ann. § 2C:522. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). 97
Page 3 of 3 § 2C:52-4.1. Juvenile delinquent; expungement of adjudications and charges Trial court erred by denying petitioner’s application to expunge his juvenile adjudications because under N.J. Stat. Ann. § 2C:52-4.1(b) he qualified, but expungement was properly denied as to his adult conviction since the petition was filed less than 10 years after completion of the sentence as required by N.J. Stat. Ann. § 2C:52-2(a), and he failed to establish that expungement after just five years was in the public interest, as required by § 2C:52-2(a)(2). In re J.B., 426 N.J. Super. 496, 45 A.3d 1014, 2012 N.J. Super. LEXIS 102 (App.Div. 2012). Unnumbered paragraph in N.J. Stat. Ann. § 2C:52-4.1(a) should be construed to apply only to expungements of juvenile adjudications authorized by § 2C:52-4.1(a). In re J.B., 426 N.J. Super. 496, 45 A.3d 1014, 2012 N.J. Super. LEXIS 102 (App.Div. 2012).
Criminal Law & Procedure: Postconviction Proceedings: Expungement Based on its language and legislative history,N.J. Stat. Ann. § 2C:52-4.1(a) applies only to the expungement of juvenile adjudications and does not transform a juvenile adjudication into a crime that would bar a later attempt to expunge an adult conviction under N.J. Stat. Ann. § 2C:52-2. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Supreme Court of New Jersey concludes that N.J. Stat. Ann. § 52-4.1(a) applies only to the expungement of juvenile adjudications since there is no evidence that, when the New Jersey Legislature amended the law in 1980 to address juvenile adjudications, it meant to tighten the rules for expunging adult convictions; as a result, an adult who is otherwise eligible for expungement of a crime is not disqualified because of a prior juvenile adjudication. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Appellate court erred by affirming a trial court’s denial of a petition seeking to expunge petitioner’s 1996 criminal conviction because the lower courts erred by considering his prior juvenile adjudications in reviewing the petition since N.J. Stat. Ann. § 2C:52-4.1(a) applied only to the expungement of juvenile adjudications and did not transform his juvenile adjudication into a crime that barred expungement for an adult conviction under N.J. Stat. Ann. § 2C:522. In re D.J.B., 216 N.J. 433, 83 A.3d 2, 2014 N.J. LEXIS 14 (N.J. 2014). Trial court erred by denying petitioner’s application to expunge his juvenile adjudications because under N.J. Stat. Ann. § 2C:52-4.1(b) he qualified, but expungement was properly denied as to his adult conviction since the petition was filed less than 10 years after completion of the sentence as required by N.J. Stat. Ann. § 2C:52-2(a), and he failed to establish that expungement after just five years was in the public interest, as required by § 2C:52-2(a)(2). In re J.B., 426 N.J. Super. 496, 45 A.3d 1014, 2012 N.J. Super. LEXIS 102 (App.Div. 2012). Unnumbered paragraph in N.J. Stat. Ann. § 2C:52-4.1(a) should be construed to apply only to expungements of juvenile adjudications authorized by § 2C:52-4.1(a). In re J.B., 426 N.J. Super. 496, 45 A.3d 1014, 2012 N.J. Super. LEXIS 102 (App.Div. 2012). Where a husband’s criminal charges and related consequences that arose from a domestic incident might be subject to expungement under N.J. Stat. Ann. § 2C:52-1(a), a domestic violence complaint arising from the same incident, in which his wife sought restraints and other civil relief, was not; this result contrasted with that related to offenses not traditionally considered “crimes” but for which expungement was provided, e.g., N.J. Stat. Ann. § 2C:52-3, N.J. Stat. Ann. § 2C:52-4, and N.J. Stat. Ann. § 2C:52-4.1, or for crimes otherwise excluded from expungement but where particular characteristics existed, e.g., N.J. Stat. Ann. § 2C:52-5, or where a conviction did not result because of a dismissal, acquittal or discharge, e.g., N.J. Stat. Ann. § 2C:52-6. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-5 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-5. Expungement of Records of Young Drug Offenders Notwithstanding the provisions of N.J.S.2C:52-2 and N.J.S.2C:52-3, after a period of not less than one year following conviction, termination of probation or parole, or discharge from custody, whichever is later, any person convicted of an offense under chapter 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L.1955, c.77, s.3 (C.2A:170-77.5), or convicted of violating P.L.1962, c.113, s.1 (C.2A:170-77.8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the person resides or the county in which the person’s conviction was disposed of for the expungement of such person’s conviction and all records pertaining thereto. The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any previous or subsequent violation of chapter 35 or 36 of this title or of P.L.1955, c.277, s.3 (C.2A:17077.5) or of P.L.1962, c.113, s.1 (C.2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program. This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except: (1) Marihuana, where the total sold, distributed or possessed with intent to sell was less than one ounce, or (2) Hashish, where the total amount sold, distributed or possessed with intent to sell was less than five grams.
History L. 1979, c. 178, § 112; amended by L. 1987, c. 106, § 16; 2017, c. 244, § 3, effective October 1, 2018; 2023, c. 260, § 5, effective January 12, 2024. Annotations
Notes Effective Dates Section 9 of L. 2017, c. 244 provides: “This act shall take effect on the first day of the tenth month next following enactment.” Chapter 244, L. 2017, was approved on Dec. 20, 2017. Amendment Notes
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Page 2 of 3 § 2C:52-5. Expungement of Records of Young Drug Offenders 2017 amendment, by Chapter 244, substituted “N.J.S.2C:52-2 and N.J.S.2C:52-3” for “sections 2C:52-2 and 2C:523” near the beginning of the first paragraph; substituted “less than one ounce” for “25 grams or less” in (1); and substituted “less than five grams” for “5 grams or less” at the end of (2). 2023 amendment, by Chapter 260, in the first paragraph, substituted “person resides or the county in which the person’s conviction” for “matter” in the first sentence; and substituted “previous or subsequent violation of chapter 35 or 36” for “subsequent or previous violation of chapter 35 or 36” in the second sentence.
CASE NOTES Criminal Law & Procedure: Juvenile Offenders: Juvenile Proceedings: Records Criminal Law & Procedure: Search & Seizure: Warrantless Searches: Vehicle Searches: General Overview Criminal Law & Procedure: Pretrial Motions & Procedures: Suppression of Evidence Criminal Law & Procedure: Postconviction Proceedings: Expungement
Criminal Law & Procedure: Juvenile Offenders: Juvenile Proceedings: Records Juvenile was entitled to have his conviction expunged under the statute because he served his sentence of incarceration, even though it was illegal, when his commitment to a state institution was followed by a split sentence of jail time and probation. State v. J.C.S., 156 N.J. Super. 66, 383 A.2d 455, 1978 N.J. Super. LEXIS 700 (App.Div. 1978).
Criminal Law & Procedure: Search & Seizure: Warrantless Searches: Vehicle Searches: General Overview Officer who observed a white plastic pill bottle on the floor of a van he had stopped for speeding had probable cause to believe a crime had been committed; defendants’ motion to suppress the contents of the bottle and other narcotics subsequently found in the van was properly denied. State v. Waltz, 61 N.J. 83, 293 A.2d 167, 1972 N.J. LEXIS 159 (N.J. 1972).
Criminal Law & Procedure: Pretrial Motions & Procedures: Suppression of Evidence Officer who observed a white plastic pill bottle on the floor of a van he had stopped for speeding had probable cause to believe a crime had been committed; defendants’ motion to suppress the contents of the bottle and other narcotics subsequently found in the van was properly denied. State v. Waltz, 61 N.J. 83, 293 A.2d 167, 1972 N.J. LEXIS 159 (N.J. 1972).
Criminal Law & Procedure: Postconviction Proceedings: Expungement Where a husband’s criminal charges and related consequences that arose from a domestic incident might be subject to expungement under N.J. Stat. Ann. § 2C:52-1a, a domestic violence complaint arising from the same incident, in which his wife sought restraints and other civil relief, was not; this result contrasted with that related to offenses not traditionally considered “crimes” but for which expungement was provided, e.g., N.J. Stat. Ann. § 2C:52-3, N.J. Stat. Ann. § 2C:52-4, and N.J. Stat. Ann. § 2C:52-4.1, or for crimes otherwise excluded from expungement but where particular characteristics existed, e.g., N.J. Stat. Ann. § 2C:52-5, or where a conviction did not result because of a dismissal, acquittal or discharge, e.g., N.J. Stat. Ann. § 2C:52-6. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). 100
Page 3 of 3 § 2C:52-5. Expungement of Records of Young Drug Offenders Former N.J. Stat. Ann. § 24:21-28 (now N.J. Stat. Ann. § 2C:52-5) provided that after a period of only six months after expiration of probation both the conviction record and the arrest record of the defendant shall be expunged. The policy of alleviating, from the one-time youthful drug offender, the stigma of an arrest and conviction can be seen in the shortness of the waiting period between conviction and expungement and in the thoroughness of the expungement process. State v. Campobasso, 125 N.J. Super. 103, 308 A.2d 674, 1973 N.J. Super. LEXIS 424 (Law Div. 1973). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-5.1 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-5.1. Eligibility to file petition for expungement a. (1) Notwithstanding the requirements of N.J.S.2C:52-2 and N.J.S.2C:52-3 or any other provision of law to the contrary, beginning on the effective date of this section, the following persons may file a petition for an expungement with the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged at any time, provided they have satisfied, except as otherwise set forth in this subsection, payment of any court-ordered financial assessment as defined in section 8 of P.L.2017, c.244 (C.2C:52-23.1), satisfactorily completed probation or parole, been released from incarceration, or been discharged from legal custody or supervision at the time of application: (a) any person who, prior to the development of a system for sealing records from the public pursuant to section 6 of P.L.2019, c.269 (C.2C:52-5.2), was charged with, convicted of, or adjudicated delinquent for, any number of offenses for, or delinquent acts which if committed by an adult would constitute, unlawful distribution of, or possessing or having under control with intent to distribute, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or a violation of that paragraph and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) for distributing, or possessing or having under control with intent to distribute, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building; or (b) any person who, prior to the development of a system for sealing records from the public pursuant to section 6 of P.L.2019, c.269 (C.2C:52-5.2), was charged with, convicted of, or adjudicated delinquent for, any number of offenses for, or delinquent acts which if committed by an adult would constitute, obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10; or (c) any person who, prior to the development of a system for sealing records from the public pursuant to section 6 of P.L.2019, c.269 (C.2C:52-5.2), was charged with, convicted of, or adjudicated delinquent for, any number of offenses for, or delinquent acts which if committed by an adult would constitute, a violation involving marijuana or hashish as described in subparagraph (a) or (b) of this paragraph and using or possessing with intent to use drug paraphernalia with that marijuana or hashish in violation of N.J.S.2C:36-2. (2) If, at the time of application, a court-ordered financial assessment subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful noncompliance, but the provisions of paragraph (1) of this subsection are otherwise satisfied, the person may submit the expungement application and the court shall grant an expungement in accordance with subsection c. of this section; provided, however, that at the time 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 Yasmine Boto
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Page 2 of 4 § 2C:52-5.1. Eligibility to file petition for expungement collection and disbursement responsibility to the State Treasurer for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1). The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment. b. (1) Notwithstanding the requirements of N.J.S.2C:52-2 and N.J.S.2C:52-3 or any other provision of law to the contrary, beginning on the effective date of this section, a person who, prior, on, or after that effective date is charged with, convicted of, or adjudicated delinquent for, any number of offenses for, or delinquent acts which if committed by an adult would constitute, unlawful distribution of, or possessing or having under control with intent to distribute, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5, may file a petition for an expungement with a court after the expiration of three years from the date of the most recent conviction, payment of any courtordered financial assessment as defined in section 8 of P.L.2017, c.244 (C.2C:52-23.1), satisfactory completion of probation or parole, release from incarceration, or discharge from legal custody or supervision, whichever is later. (2) (a) Notwithstanding the provisions concerning the three-year time requirement set forth in paragraph (1) of this subsection, if, at the time of application, a court-ordered financial assessment subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful noncompliance, but the time requirement is otherwise satisfied, the person may submit the expungement application and the court shall grant an expungement in accordance with subsection c. of this section; provided, however, that at the time 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 section 8 of P.L.2017, c.244 (C.2C:5223.1). The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment. (b) Additionally, an application may be filed and presented, and an expungement granted pursuant to subsection c. of this section, although less than three years have expired in accordance with the time requirement set forth in paragraph (1) of this subsection, when the court finds that the courtordered financial assessment is satisfied but less than three years have expired from the date of satisfaction, the time requirement of three years is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq. or could not do so due to compelling circumstances affecting the person’s ability to satisfy the financial assessment. In determining whether compelling circumstances exist for the purposes of this subparagraph, a court may consider any relevant information provided by the person submitting the application and the prosecutor, including the amount of any court-ordered financial assessment imposed, the person’s age at the time of the offense or offenses, the person’s financial condition, and other relevant circumstances regarding the person’s ability to pay. However, regarding a determination of compelling circumstances pursuant to this subparagraph, the person shall not be required to provide transcripts of plea or sentencing proceedings or be required to provide any presentence reports with the application or other filing. c. (1) The provisions of N.J.S.2C:52-8 through N.J.S.2C:52-14 shall not apply to an expungement as set forth in this section. 103
Page 3 of 4 § 2C:52-5.1. Eligibility to file petition for expungement (2) Upon review of the petition, the court shall immediately grant an expungement for each arrest, conviction, or adjudication of delinquency as described in subsection a. or b. of this section, as applicable. The court shall provide copies of the expungement order to the person who is the subject of the petition or that person’s representative. (3) A court order vacating an expungement that is granted to a person pursuant to this subsection may be issued upon an action filed by a county prosecutor with the court that granted the expungement, if filed no later than 30 days after the expungement order was issued, with notice to the person, and a hearing is scheduled at which the county prosecutor shows proof that the expungement was granted in error due to a statutory disqualification to expungement that existed at the time the relief was initially granted. d. Any public employee or public agency that provides information or records pursuant to this section shall be immune from criminal and civil liability as a result of an act of commission or omission by that person or entity arising out of and in the course of participation in, or assistance with, in good faith, an expungement. The immunity shall be in addition to and not in limitation of any other immunity provided by law.
History L. 2019, c. 269, § 5, effective June 15, 2020; amended by 2023, c. 260, § 6, effective January 12, 2024. Annotations
Notes Effective Dates Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Notes 2023 amendment, by Chapter 260, substituted “the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged” for “any court designated by the Rules of Court” in the introductory language of a.(1); and added the second and last sentences of b.(2)(b).
Notes to Decisions Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Courts: Court Records
Criminal Law & Procedure: Postconviction Proceedings: Expungement
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Page 4 of 4 § 2C:52-5.1. Eligibility to file petition for expungement Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute details which individuals can apply to have criminal records expunged, specifies how petitions for expungement are to be filed, and identifies how law enforcement agencies may object. N.J.S.A. 2C:52-2, N.J.S.A. 2C:52-5.1, N.J.S.A. 2C:52-5.3, N.J.S.A. 2C:52-7, N.J.S.A. 2C:52-11, N.J.S.A. 2C:52-14(b). States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Governments: Courts: Court Records
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute details which individuals can apply to have criminal records expunged, specifies how petitions for expungement are to be filed, and identifies how law enforcement agencies may object. N.J.S.A. 2C:52-2, N.J.S.A. 2C:52-5.1, N.J.S.A. 2C:52-5.3, N.J.S.A. 2C:52-7, N.J.S.A. 2C:52-11, N.J.S.A. 2C:52-14(b). States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-5.2 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-5.2. System for sealing records from the public [Effective on date stated in L. 2021, c. 19, § 21] a. (1) No later than three months after the effective date of this section, the Administrative Office of the Courts shall develop and maintain a system for sealing records from the public, upon order of a court, pertaining to offenses or delinquent acts involving marijuana or hashish as described in this section. Once the system is developed, unless otherwise provided by law, a court shall order the nondisclosure to the public of the records of the court and probation services, and records of law enforcement agencies with respect to any arrest, conviction, or adjudication of delinquency, and any proceedings related thereto, upon disposition of any case occurring on or after the development of the system for sealing records that solely includes the following convictions or adjudications of delinquency: (a) any number of offenses for, or delinquent acts which if committed by an adult would constitute, manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or a violation of that paragraph and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:357.1) for distributing, or possessing or having under control with intent to distribute, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building; or (b) any number of offenses for, or delinquent acts which if committed by an adult would constitute, obtaining or possessing marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10. (c) (Deleted by amendment, P.L.2021, c.19) (2) If the disposition of the case includes a court-ordered financial assessment subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.), then at the time of issuing the sealing order, the court shall also 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 collections and disbursement responsibility to the State Treasurer for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1). The term “courtordered financial assessment” as used herein means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the sealing order, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment. b. Notice of the sealing order issued pursuant to subsection a. of this section shall be provided to: Yasmine Boto
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Page 2 of 3 § 2C:52-5.2. System for sealing records from the public [Effective on date stated in L. 2021, c. 19, § 21] (1) The Attorney General, county prosecutor, or municipal prosecutor handling the case; and (2) The State Police and any local law enforcement agency having custody of the files and records. c. Upon the entry of a sealing order issued pursuant to subsection a. of this section, the proceedings in the case shall be sealed and all index references shall be marked “not available” or “no record.” Law enforcement agencies shall reply to requests for information or records of a person subject to a sealing order that there is no information or records. The person may also reply to any inquiry that there is no information or record, except that information subject to a sealing order shall be revealed by that person if seeking employment within the judicial branch or with a law enforcement or corrections agency, and the information shall continue to provide a disability to the extent provided by law. d. Records subject to a sealing order issued pursuant to subsection a. of this section may be maintained for purposes of prior offender status, identification, and law enforcement purposes, provided that the records shall not be considered whenever the Pretrial Services Program established by the Administrative Office of the Courts pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25) conducts a risk assessment on an eligible defendant for the purpose of making recommendations to the court concerning an appropriate pretrial release decision in accordance with sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.) or used for sentencing purposes in any other case.
History L. 2019, c. 269, § 6, effective June 15, 2020; amended by 2021, c. 19, § 6. Annotations
Notes Effective Dates Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Section 21 of L. 2021, c. 19 provides: “Sections 1 through 5 of this act shall take effect immediately, and the remaining sections of this act shall take effect on the same date as the date that actions occur on matters based on provisions in any sections in P.L.2021, c.16 ( C. 24:6I-31 et al.), in which those actions are to occur on the first day of the fifth month next following the date of enactment of that act.” Chapter 19, L. 2021, was approved on Feb. 22, 2021. Amendment Notes 2021 amendment, by Chapter 19, substituted “manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense” for “unlawful distribution of or possessing or having under control with intent to distribute,” in a.(1)(a); rewrote a.(1)(b), which formerly read: “ any number of offenses for, or delinquent acts which if committed by an adult would constitute, obtaining , possessing , using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a. , or subsection b., or subsection c. of N.J.S.2C:35-10 ; or”; deleted former a.(1)(c); and rewrote d. 107
Page 3 of 3 § 2C:52-5.2. System for sealing records from the public [Effective on date stated in L. 2021, c. 19, § 21]
LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-5.3 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-5.3. “Clean slate” expungement by petition a. A person, who is not otherwise eligible to present an expungement application pursuant to any other section of chapter 52 of Title 2C of the New Jersey Statutes or other section of law, may present an expungement application to the Superior Court pursuant to this section if the person has been convicted of one or more crimes, one or more disorderly persons or petty disorderly persons offenses, one or more municipal violations, or a combination of one or more crimes, offenses, or violations under the laws of this State, unless the person has a conviction for a crime which is not subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2. The person may present an application pursuant to this section regardless of whether the person would otherwise be ineligible pursuant to subsection e. of N.J.S.2C:52-14 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. b. The person, if eligible, may present the expungement application after the expiration of a period 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. The term “court-ordered financial assessment” as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the application, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The person shall submit the expungement application to the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged, which includes a duly verified petition as provided in N.J.S.2C:52-7 praying that all the person’s convictions, and all records and information pertaining thereto, be expunged. The petition appended to an application shall comply with the requirements set forth in N.J.S.2C:52-1 et seq. c. (1) Notwithstanding the provisions concerning the ten-year time requirement, if, at the time of application, a court-ordered financial assessment subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful noncompliance, but the time requirement of ten years is otherwise satisfied, the person may submit the expungement application and the court shall grant an expungement in accordance with this section; provided, however, that at the time of the expungement 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 section 8 of P.L.2017, c.244 (C.2C:52-23.1). The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment. (2) Additionally, an application may be filed and presented, and the court shall grant an expungement pursuant to this section, although less than ten years have expired in accordance with the time Yasmine Boto
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Page 2 of 2 § 2C:52-5.3. “Clean slate” expungement by petition requirements when the court finds that the court-ordered financial assessment is satisfied but less than ten years have expired from the date of satisfaction, the ten-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq. or could not do so due to compelling circumstances affecting the person’s ability to satisfy the assessment. In determining whether compelling circumstances exist for the purposes of this paragraph, a court may consider any relevant information provided by the person submitting the application and the prosecutor, including the amount of any court-ordered financial assessment imposed, the person’s age at the time of the offense or offenses, the person’s financial condition, and other relevant circumstances regarding the person’s ability to pay. However, regarding a determination of compelling circumstances pursuant to this paragraph, the person shall not be required to provide transcripts of plea or sentencing proceedings or be required to provide any presentence reports with the application or any other filing. d. No expungement applications may be filed pursuant to this section after the establishment of the automated “clean slate” process pursuant to subsection a. of section 8 of P.L.2019, c.269 (C.2C:52-5.4).
History L. 2019, c. 269, § 7, effective June 15, 2020; amended by 2023, c. 260, § 3, effective January 12, 2024. Annotations
Notes Effective Dates Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Notes 2023 amendment, by Chapter 260, inserted “one or more municipal violations” following “persons offenses” and “or violations” following “or violations” in the first sentence of a.; substituted “the person resides or a county in which one or more of the person’s convictions were adjudged” for “the most recent conviction for a crime or offense was adjudged” in b.; added the c.(1) designation; and added c.(2). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-5.4 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-5.4. Automated “clean slate” process a. (1) The State shall develop and implement an automated process, based, to the greatest extent practicable, on the recommendations of the task force established pursuant to subsection b. of this section, by which all convictions, and all records and information pertaining thereto, shall be rendered inaccessible to the public, through sealing, expungement, or some equivalent process, for any person who has been convicted 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 under the laws of this State, unless the person has a conviction for a crime which is not subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2, upon the expiration of a period 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. The term “courtordered financial assessment” as used herein means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are subject to being rendered inaccessible to the public, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. (2) The automated process shall be designed to restore a person’s convictions and other information contained in the person’s criminal history record information files if the person is subsequently convicted of a crime, for which the conviction is not subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2. A prosecutor may submit the restored criminal history record information to the court for consideration at sentencing for the subsequent conviction. (3) Upon establishment of the automated process pursuant to this subsection, any pending “clean slate” expungement petitions filed pursuant to section 7 of P.L.2019, c.269 (C.2C:52-5.3) shall be rendered moot and shall be withdrawn or dismissed in accordance with procedures established by the Supreme Court. b. (1) (a) There is established a task force for the purpose of examining, evaluating, and making recommendations regarding the development and implementation of the automated process described in subsection a. of this section, by which all of a person’s convictions, and all records and information pertaining thereto, shall be rendered inaccessible to the public. (b) The task force shall consist of at least the following members: The Chief Technology Officer of the Office of Information Technology, or a designee or designees; The Attorney General, or a designee or designees, one or more of whom may be members of the State Bureau of Identification and the Information Technology Bureau in the Division of State Police designated by the Superintendent of the State Police; Yasmine Boto
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Page 2 of 3 § 2C:52-5.4. Automated “clean slate” process The Administrative Director of the Courts, or a designee or designees; The Director of Information Technology for the Administrative Office of the Courts, or a designee or designees; The Commissioner of the Department of Corrections, or a designee or designees; The President of the New Jersey County Jail Wardens Association, or a designee or designees; The President of the New Jersey State Association of Chiefs of Police, or a designee or designees; Two members of the Senate, who shall each be of different political parties, appointed by the Governor upon the recommendation of the Senate President; Two members of the General Assembly, who shall each be of different political parties, appointed by the Governor upon the recommendation of the Speaker of the General Assembly; Two members of academic institutions or non-profit entities appointed by the Governor who each have a background in, or special knowledge of, computer technology, database management, or recordkeeping processes; and Four members of the public appointed by the Governor who each have a background in, or special knowledge of, the technological, criminal record or legal processes of expungement, or criminal history recordkeeping, of which two of whom shall be appointed by the Governor upon recommendation of the Senate President and two of whom shall be appointed by the Governor upon recommendation of the Speaker of the General Assembly. (c) Appointments to the task force shall be made within 30 days of the effective date of this section. Vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made. (d) Members of the task force shall serve without compensation, but shall be reimbursed for necessary expenditures incurred in the performance of their duties as members of the task force within the limits of funds appropriated or otherwise made available to the task force for its purposes. (e) The task force shall organize as soon as practicable, but no later than 30 days following the appointment of its members. The task force shall choose a chairperson from among its members and shall appoint a secretary who need not be a member of the task force. (f) The Department of Law and Public Safety shall provide such stenographic, clerical, and other administrative assistants, and such professional staff as the task force requires to carry out its work. The task force shall also be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes. (2) It shall be the duty of the task force to identify, analyze and recommend solutions to any technological, fiscal, resource, and practical issues that may arise in the development and implementation of the automated process described in subsection a. of this section. In carrying out these responsibilities, the task force shall to the extent feasible: (a) examine and evaluate the effectiveness of the design and implementation of automated processes in Pennsylvania and California and other jurisdictions that have implemented similar programs, and consult with officials in those jurisdictions concerning their processes and any technological, fiscal, resource, and practical issues that they may have encountered, contemplated, or addressed in developing and implementing those systems; and
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Page 3 of 3 § 2C:52-5.4. Automated “clean slate” process (b) consult with non-profit computer programming organizations such as “Code for America” with expertise in assisting in the implementation of automated processes and expungement processing generally, to the extent those organizations make themselves available for this purpose; and (c) identify the necessary systemic changes, required technology, cost estimates, and possible sources of funding for developing and implementing the automated process described in subsection a. of this section. (3) (a) The task force shall issue a final report of its findings and recommendations to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than 180 days after the task force organizes. (b) The task force shall expire 30 days after the issuance of its report.
History L. 2019, c. 269, § 8, effective December 18, 2019. Annotations
Notes Effective Dates Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-5.5 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-5.5. Conditions for expungement of conviction, finding of guilt, or adjudication of delinquency [Effective November 1, 2026] a. Notwithstanding the requirements of N.J.S.2C:52-2 and N.J.S.2C:52-3 or any other provision of law to the contrary, a person convicted of an offense or other violation of law, except for murder or a crime enumerated in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2), may file a petition with the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged at any time, in accordance with the Rules of Court, to have each conviction, finding of guilt, or, in the case of an offense committed while a juvenile, adjudication of delinquency expunged if: (1) the person was a victim of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or has otherwise been subjected to substantial physical, sexual, or psychological abuse, unless the court determines that granting the expungement is not in the interest of justice or that the person was the primary aggressor in any such incident; and (2) the domestic violence or abuse was a contributing factor to the person’s conviction. b. A person, if eligible, may present the expungement application immediately following 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. The application may include any other prior disposition which the person is seeking to expunge, regardless of where that prior disposition occurred. c. (1) The court may expunge any conviction, finding of guilt, or adjudication of delinquency pursuant to this section if the person has not previously filed an expungement petition pursuant to this section and the court finds by a preponderance of the evidence that the person: (a) was a victim of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), or was otherwise subjected to substantial physical, sexual, or psychological abuse, unless the court determines that granting the expungement is not in the interest of justice or that the person was the primary aggressor in any such incident; and (b) the domestic violence or abuse was a contributing factor to the person’s commission of any offense or other violation of law for which expungement is sought. (2) In determining whether to order expungement, the court shall consider all relevant circumstances and shall take judicial notice of any evidence, testimony, or information adduced at the trial, plea hearing, or other court proceedings, including, but not limited to: (a) court records; (b) social services records; (c) presentencing reports; (d) hospital records; Yasmine Boto
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Page 2 of 2 § 2C:52-5.5. Conditions for expungement of conviction, finding of guilt, or adjudication of delinquency [Effective November 1, 2026] (e) sworn statements from a witness of the domestic violence who is not the defendant; (f) criminal records; (g) domestic violence incident reports; (h) protective orders; (i) verification of consultation with a licensed medical care provider or mental health care provider; (j) testimony or a sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy, a health care professional, or other professional from whom the person has sought assistance in addressing the trauma associated with being a victim, or a victim of any of the underlying cases which the petitioner is seeking to expunge; (k) Department of Corrections records; (l) other grounds for denial in accordance with N.J.S.2C:52-14; and (m) any other evidence the court deems relevant. d. An expungement ordered pursuant to this section shall have the same force and effect as an expungement ordered pursuant to N.J.S.2C:52-1 et seq. and section 9 of P.L.1994, c.136 (C.53:1-20.25), as applicable.
History L. 2025, c. 329, § 1, effective November 1, 2026. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-6 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-6. Arrests not resulting in conviction a. When a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation under the laws of this State or of any governmental entity thereof and proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt, the Superior Court shall, at the time of dismissal, acquittal, or discharge, or, in any case set forth in paragraph (1) of this subsection, order the expungement of all records and information relating to the arrest. (1) If proceedings took place in municipal court, the municipal court shall follow procedures developed by the Administrative Director of the Courts. (2) The provisions of N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an expungement pursuant to this subsection. (3) An expungement under this subsection shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged. (4) The court shall forward a copy of the expungement order to the county prosecutor. The county prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S.2C:52-15. (5) An expungement related to a dismissal, acquittal, or discharge ordered pursuant to this subsection shall not bar any future expungement. (6) Where a dismissal of an offense is based on an eligible servicemember’s successful participation in a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), the county prosecutor, on behalf of the eligible servicemember, may move before the court for the expungement of all records and information relating to the arrest and the diversion at the time of dismissal pursuant to this section. (7) Where a dismissal of an offense is based on an eligible person’s successful participation in a Mental Health Diversion Program pursuant to P.L.2023, c.188 (C.2C:43-32 et al.), the eligible person may make a motion before the court for the expungement of all records and information relating to the arrest or charge and the diversion, at the time of dismissal pursuant to this section. b. When a person did not apply or a prosecutor did not move on behalf of an eligible servicemember for an expungement of an arrest not resulting in a conviction pursuant to subsection a. of this section, the person may at any time following the disposition of proceedings, present a duly verified petition as provided in N.J.S.2C:52-7 to the Superior Court in the county in which the person resides or the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged. c.
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Page 2 of 7 § 2C:52-6. Arrests not resulting in conviction (1) Any person who has had charges dismissed against him pursuant to a program of supervisory treatment pursuant to N.J.S.2C:43-12, or conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), shall be barred from the relief provided in this section until six months after the entry of the order of dismissal. (2) A servicemember who has successfully participated in a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.) may apply for expungement pursuant to this section at any time following the order of dismissal if an expungement was not granted at the time of dismissal. (3) An eligible person who has successfully participated in the Mental Health Diversion Program pursuant to P.L.2023, c.188 (C.2C:43-32 et al.), may apply for expungement pursuant to this section at any time following the order of dismissal if an expungement was not granted at the time of dismissal. d. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.
History L. 1979, c. 178, § 113; amended 2013, c. 158, § 13, eff. Jan. 4, 2014; amended by 2015, c. 261, § 4, effective April 18, 2016; 2017, c. 42, § 7, effective December 1, 2017; 2019, c. 269, § 4, effective June 15, 2020; 2023, c. 188, § 9, effective July 1, 2024; 2023, c. 260, § 7, effective January 12, 2024. Annotations
Notes OLS Corrections: Pursuant to R.S.1:3-1, the Office of Legislative Services, through its Legislative Counsel and with the concurrence of the Attorney General, corrected L. 2023, c. 260, § 7 to incorporate the provisions of the amendment of this section by L. 2023, c. 188, § 9. However, L. 2023, c. 188, § 9 is effective July 1, 2024, while L. 2023, c. 260, § 7, is effective Jan. 12, 2024. Effective Dates: Section 15 of L. 2013, c. 158 provides: “This act shall take effect 120 days after enactment, and shall be applicable to any person who commits a disorderly persons or petty disorderly persons offense on or after the effective date.” Chapter 158, L. 2013, was approved on Sept. 6, 2013. Section 10 of L. 2015, c. 261 provides: “This act shall take effect on the 90th day following enactment.” Chapter 261, L. 2015, was approved on Jan. 19, 2016. Section 16 of L. 2017, c. 42 provides: “This act shall take effect on the first day of the seventh month next following enactment, except that the Attorney General, the Administrative Director of the Courts, and the Adjutant General of the Department of Military and Veterans' Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.” Chapter 42, L. 2017, was approved on May 1, 2017. Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections 117
Page 3 of 7 § 2C:52-6. Arrests not resulting in conviction which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Section 15 of L. 2023, c. 188 provides: “This act shall take effect on the first day of the seventh month next following enactment, except that the Attorney General, Commissioner of Human Services, county prosecutors, and the Administrative Director of the Courts may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.” Chapter 188, L. 2023, was approved on Dec. 21, 2023. Amendment Note: 2013 amendment, by Chapter 158, substituted “N.J.S.2C:52-7” for “section 2C:52-7” in a.; inserted “pursuant to N.J.S.2C:43-12, or conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.)” in b.; and made a stylistic change. 2015 amendment, by Chapter 261, rewrote a. as present a. and b.; redesignated former b. and c. as c. and d.; and deleted “P.L.1970, c.226, s.27 (C.24:21-27) or pursuant to” following “him pursuant to” in present c. 2017 amendment, by Chapter 42, added a.(6); inserted “or a prosecutor did not move on behalf of an eligible servicemember” in b.; redesignated former c. as c.(1); and added c.(2). 2019 amendment, by Chapter 269, rewrote the section. 2023 amendment, by Chapter 188, added a.(7); and added c.(3). 2023 amendment, by Chapter 260, inserted “person resides or the county in which the” in b.
CASE NOTES Administrative Law: Governmental Information: Personal Information: General Overview Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Criminal Law & Procedure: Arrests: General Overview Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Courts: Court Records Governments: Local Governments: Employees & Officials
Administrative Law: Governmental Information: Personal Information: General Overview Appellant’s name could not be kept off the list of eligibles for police officer for failing to present “evidence of rehabilitation” after his arrest record had been expunged because the New Jersey Merit System Board had not considered the impact of the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties 118
Page 4 of 7 § 2C:52-6. Arrests not resulting in conviction Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014).
Criminal Law & Procedure: Arrests: General Overview Appellant’s name could not be kept off the list of eligibles for police officer for failing to present “evidence of rehabilitation” after his arrest record had been expunged because the New Jersey Merit System Board had not considered the impact of the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The 2019 amendments to Chapter 52 included expanding access to expungements for persons with prior convictions by creating an automated "clean slate" expungement mechanism and modifying the definition of expungement in N.J.S.A. § 2C:52-1 to mean the extraction, sealing, impounding, or isolation of all records on file. N.J.S.A. § 2C:52-6(a) was amended and expanded to make expungement automatic for dismissed charges, independent of any action or not by affected defendants upon an acquittal, dismissal, or discharge. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• There is an exception to N.J.S.A. § 2C:52-6, and that exception is found in N.J.S.A. § 2C:52-19, the catch-all provision, which empowers a court to allow certain parties access to expunged records under fact-specific circumstances. Criminal-conviction information, truthfully reported, is civilly actionable when the conviction is the subject of an expungement order. Even after the entry of a judgment of expungement, expunged records remain available for certain limited purposes, including to satisfy discovery obligations in a civil suit. The expungement statute does not transmute a once-true fact into a falsehood. It does not require the excision of records from the historical archives of newspapers or bound volumes of reported decisions or a personal diary. It cannot banish memories. Although the expungement statute generally permits a person whose record has been expunged to misrepresent his past, it does not alter the metaphysical truth of his past, nor does it impose a regime of silence on those who know the truth. New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
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Page 5 of 7 § 2C:52-6. Arrests not resulting in conviction Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Since enactment, N.J.S.A. § 2C:52-6 allowed expungement of records of arrests or charges not resulting in conviction and did so in identical language for the first thirty-four years the statute was in effect. In 2015, the Legislature changed the procedure for expunging conditional discharge records and other arrests or charges not resulting in convictions. Under the 2015 amendments, rather than requiring a defendant to file a duly verified petition for expungement, the court is directed to automatically at the time of dismissal, acquittal, or discharge order the expungement of all records and information relating to the arrest, N.J.S.A. § 2C:52-6(a). • The statute permits a defendant at any time following the disposition of proceedings, to present a duly verified petition to the Superior Court praying that records of such arrest and all records and information pertaining thereto be expunged, N.J.S.A. § 2C:52-6(b). Further, an expungement of a dismissal, acquittal, or discharge does not bar any future expungement, N.J.S.A. § 2C:52-6(a)(5). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Postconviction Proceedings: Expungement Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Since enactment, N.J.S.A. § 2C:52-6 allowed expungement of records of arrests or charges not resulting in conviction and did so in identical language for the first thirty-four years the statute was in effect. In 2015, the Legislature changed the procedure for expunging conditional discharge records and other arrests or charges not resulting in convictions. Under the 2015 amendments, rather than requiring a defendant to file a duly verified petition for expungement, the court is directed to automatically at the time of dismissal, acquittal, or discharge order the expungement of all records and information relating to the arrest, N.J.S.A. § 2C:52-6(a). • The statute permits a defendant at any time following the disposition of proceedings, to present a duly verified petition to the Superior Court praying that records of such arrest and all records and information pertaining thereto be expunged, N.J.S.A. § 2C:52-6(b). Further, an expungement of a dismissal, acquittal, or discharge does not bar any future expungement, N.J.S.A. § 2C:52-6(a)(5). • The 2019 amendments to Chapter 52 included expanding access to expungements for persons with prior convictions by creating an automated "clean slate" expungement mechanism and modifying the definition of expungement in N.J.S.A. § 2C:52-1 to mean the extraction, sealing, impounding, or isolation of all records on file. N.J.S.A. § 2C:52-6(a) was amended and expanded to make expungement automatic for dismissed charges, independent of any action or not by affected defendants upon an acquittal, dismissal, or discharge. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023). Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014).
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Page 6 of 7 § 2C:52-6. Arrests not resulting in conviction Where a husband’s criminal charges and related consequences that arose from a domestic incident might be subject to expungement under N.J. Stat. Ann. § 2C:52-1a, a domestic violence complaint arising from the same incident, in which his wife sought restraints and other civil relief, was not; this result contrasted with that related to offenses not traditionally considered “crimes” but for which expungement was provided, e.g., N.J. Stat. Ann. § 2C:52-3, N.J. Stat. Ann. § 2C:52-4, and N.J. Stat. Ann. § 2C:52-4.1, or for crimes otherwise excluded from expungement but where particular characteristics existed, e.g., N.J. Stat. Ann. § 2C:52-5, or where a conviction did not result because of a dismissal, acquittal or discharge, e.g., N.J. Stat. Ann. § 2C:52-6. In re Expungement of the Criminal Record of M.D.Z., 286 N.J. Super. 82, 668 A.2d 423, 1995 N.J. Super. LEXIS 564 (App.Div. 1995). Corporation was charged with knowingly discharging a harmful substance, criminal mischief, and conspiracy to tamper with evidence, following allegations that the corporation discharged a substance into sewerage systems; the prosecution agreed to dismiss the criminal indictments in exchange for the establishment of a trust fund to clean sewer lines; the court ordered expungement of the record of criminal indictment where N.J. Stat. Ann. § 2C:52-6 permitted a person to petition for expungement in all cases; the statute made no distinction between a corporate and natural person. State v. XYZ Corp., 232 N.J. Super. 423, 557 A.2d 670, 1989 N.J. Super. LEXIS 154 (App.Div. 1989), aff'd in part and rev'd in part, 119 N.J. 416, 575 A.2d 423, 1990 N.J. LEXIS 69 (N.J. 1990).
Governments: Courts: Court Records Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• N.J.S.A. § 2C:52-19prescribes an exception to the expungement of criminal files and records, including those expunged pursuant to N.J.S.A. § 2C:52-6(a). New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024). Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• There is an exception to N.J.S.A. § 2C:52-6, and that exception is found in N.J.S.A. § 2C:52-19, the catch-all provision, which empowers a court to allow certain parties access to expunged records under fact-specific circumstances. Criminal-conviction information, truthfully reported, is civilly actionable when the conviction is the subject of an expungement order. Even after the entry of a judgment of expungement, expunged records remain available for certain limited purposes, including to satisfy discovery obligations in a civil suit. The expungement statute does not transmute a once-true fact into a falsehood. It does not require the excision of records from the historical archives of newspapers or bound volumes of reported decisions or a personal diary. It cannot banish memories. Although the expungement statute generally permits a person whose record has been expunged to misrepresent his past, it does not alter the metaphysical truth of his past, nor does it impose a regime of silence on those who know the truth. New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
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Page 7 of 7 § 2C:52-6. Arrests not resulting in conviction Governments: Local Governments: Employees & Officials Appellant’s name could not be kept off the list of eligibles for police officer for failing to present “evidence of rehabilitation” after his arrest record had been expunged because the New Jersey Merit System Board had not considered the impact of the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Research References & Practice Aids Cross References: Juvenile delinquent; expungement of adjudications and charges, see 2C:52-4.1. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-6.1 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-6.1. Certain crimes expunged by operation of law On the first day of the fifth month next following the effective date of P.L.2021, c.16 (C.24:6I-31 et al.), any case that, prior to that effective date, includes a conviction or adjudication of delinquency solely for one or more crimes or offenses involving manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or a violation involving marijuana or hashish as described herein and a violation of N.J.S.2C:36-2 for using or possessing with intent to use drug paraphernalia with that marijuana or hashish, alone or in combination with each other, or any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to N.J.S.2C:36A-1, shall be expunged by operation of law, and any remaining sentence, ongoing supervision, or unpaid court-ordered financial assessment as defined in section 8 of P.L.2017, c.244 (C.2C:52-23.1) shall be vacated by operation of law. The Administrative Director of the Courts, in consultation with the Attorney General, may take any administrative action as may be necessary to expeditiously effectuate the expungement of records associated with any expunged matter.
History L. 2021, c. 16, § 60, effective February 22, 2021; L. 2021, c. 19, § 5, effective February 22, 2021. Annotations
Notes Effective Dates Section 87 of L. 2021, c. 16 provides: “a. (1) Sections 1 through 18, 31 and 32, 38 through 46, 53 through 63, 76 through 81, and sections 85 and 86 shall take effect immediately; and (2) Sections 19 through 30, 33 through 37, 47 through 52, 64 through 75, and 82 through 84 shall take effect immediately, but shall only become operative upon adoption of the commission’s initial rules and regulations pursuant to subparagraph (a) of paragraph (1) of subsection d. of section 6 of P.L.2021, c.16 ( C.24:6I-34). b. The Attorney General, State Treasurer, Commissioner of Health, Commissioner of Banking and Insurance, and the Administrative Director of the Courts, and once constituted and organized, the Cannabis Regulatory Yasmine Boto
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Page 2 of 7 § 2C:52-6.1. Certain crimes expunged by operation of law Commission, may take such anticipatory administrative action as may be necessary to effectuate the provisions of P.L.2021, c.16 ( C.24:6I-31 et al.).” Chapter 16, L. 2021, was approved on Feb. 22, 2021. Section 21 of L. 2021, c. 19 provides: “Sections 1 through 5 of this act shall take effect immediately, and the remaining sections of this act shall take effect on the same date as the date that actions occur on matters based on provisions in any sections in P.L.2021, c.16 ( C. 24:6I-31 et al.), in which those actions are to occur on the first day of the fifth month next following the date of enactment of that act.” Chapter 19, L. 2021, was approved on Feb. 22, 2021.
Notes to Decisions Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Substance Schedules: Hashish & Marijuana Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: Disorderly Conduct & Disturbing the Peace: Elements Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: Disorderly Conduct & Disturbing the Peace: Penalties Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Conditions Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Eligibility Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Legislation: Effect & Operation: Amendments
Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Substance Schedules: Hashish & Marijuana
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act did not amend, reference, or supersede the conditional discharge, pretrial intervention, or expungement statutes. The Legislature carefully worded.to: 1) vacate by operation of law any pending placement in a diversionary program solely for marijuana offenses entered within five months of the statute's effective, only where final disposition on the matter was not entered prior to that date, N.J.S.A. § 2C:35-23.1(b); 2) expunge pending marijuana disorderly persons or petty disorderly persons offenses subject to conditional discharge; and 3) vacate ongoing supervision, N.J.S.A. § 2C:52-6.1. • The 2013 amendments to N.J.S.A. § 2C:43-12(g) explained that a person who has participated in conditional discharge will also not be eligible for pretrial intervention (PTI). That clearly expressed legislative intent cannot be ignored. When the Legislature enacted N.J.S.A. § 2C:52-6.1, ordering the expungement of any case that included any disorderly persons offense or petty disorderly persons offense subject to conditional discharge for marijuana offenses, it created a different procedure for underage persons found in possession of cannabis, including the issuance of warnings and write ups for infractions, N.J.S.A. § 2C:3315(a)(1). Notably, warnings and write ups for underage persons shall be destroyed or permanently deleted, 124
Page 3 of 7 § 2C:52-6.1. Certain crimes expunged by operation of law and shall not be considered with respect to any eligibility or decision for diversion or discharge, N.J.S.A. § 2C:33-15(a)(6)(b). Unlike expunged records, the effect of directing the destruction of records for underage persons is that the records will not be placed in the AOC's supervisory treatment index, N.J.S.A. § 2C:4321(d), for potential use in evaluating future PTI applications, N.J.S.A. § 2C:52-20. • When a law has two distinct sections dealing with related matters, amendment to one section is not an amendment to others because it is presumed that if the Legislature had intended an amendment to apply to both sections it would have expressed such an intent. The Legislature is presumed to be familiar with its own enactments, and to have passed or preserved cognate laws with the intent that they be construed to serve a useful and consistent purpose. Pursuant to these principles, the Legislature's differential treatment of records of prior and pending charges for petty and disorderly persons marijuana offenses in N.J.S.A. § 2C:52-6.1, compared to its treatment of records associated with underage persons' use of marijuana in N.J.S.A. § 2C:33-15 evinces its intent to subject the former group to the limitations associated with expungements. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: Disorderly Conduct & Disturbing the Peace: Elements Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The conditional discharge statute authorizes courts to place defendants in supervisory treatment, either with or without a guilty plea, where a defendant has been charged with a disorderly persons or petty disorderly persons offense under the Comprehensive Drug Reform Act of 1987 (CDRA), N.J.S.A. § 2C:35-1 to - 36A1, and has not previously been convicted under that chapter, N.J.S.A. § 2C:36A-1. The statute provides the dismissal of charges upon termination of supervisory treatment without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a crime or disorderly persons offense, N.J.S.A. § 2C:36A-1(b). Like the pretrial intervention (PTI) statute, the conditional discharge statute requires that placement may occur only once and a defendant shall not be placed in a conditional discharge program unless a court concludes the person has not previously received supervisory treatment under either the PTI statute, the conditional discharge statute, or N.J.S.A. § 24:21-27, the predecessor of N.J.S.A. § 2C:36A-1. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act did not amend, reference, or supersede the conditional discharge, pretrial intervention, or expungement statutes. The Legislature carefully worded.to: 1) vacate by operation of law any pending placement in a diversionary program solely for marijuana offenses entered within five months of the statute's effective, only where final disposition on the matter was not entered prior to that date, N.J.S.A. § 2C:35-23.1(b); 2) expunge pending marijuana disorderly persons or petty disorderly persons offenses subject to conditional discharge; and 3) vacate ongoing supervision, N.J.S.A. § 2C:52-6.1. 125
Page 4 of 7 § 2C:52-6.1. Certain crimes expunged by operation of law • The 2013 amendments to N.J.S.A. § 2C:43-12(g) explained that a person who has participated in conditional discharge will also not be eligible for pretrial intervention (PTI). That clearly expressed legislative intent cannot be ignored. When the Legislature enacted N.J.S.A. § 2C:52-6.1, ordering the expungement of any case that included any disorderly persons offense or petty disorderly persons offense subject to conditional discharge for marijuana offenses, it created a different procedure for underage persons found in possession of cannabis, including the issuance of warnings and write ups for infractions, N.J.S.A. § 2C:3315(a)(1). Notably, warnings and write ups for underage persons shall be destroyed or permanently deleted, and shall not be considered with respect to any eligibility or decision for diversion or discharge, N.J.S.A. § 2C:33-15(a)(6)(b). Unlike expunged records, the effect of directing the destruction of records for underage persons is that the records will not be placed in the AOC's supervisory treatment index, N.J.S.A. § 2C:4321(d), for potential use in evaluating future PTI applications, N.J.S.A. § 2C:52-20. • N.J.S.A. § 2C:52-6.1is neither inconsistent with, nor repugnant to, the Legislature's earlier enacted rule permitting only one prior diversionary placement, including conditional discharges under N.J.S.A. § 2C:36A-1(c)(3). N.J.S.A. § 2C:52-6.1 did not alter the definition of an expunged record or the legal consequences flowing from an expungement. The statute is forward looking and does not contradict N.J.S.A § 2C:43-12(g), limiting pretrial intervention (PTI) to one opportunity. Indeed, the goals of PTI are to deter future criminal conduct and to provide a one-time diversion from prosecution. Moreover, possessing cannabis in quantities of less than fifty grams was not only a disorderly persons offense at the time of defendants' prior diversionary placements, prior possession remains a disorderly persons offense, N.J.S.A. § 2C:35-10(a)(4)(a). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: Disorderly Conduct & Disturbing the Peace: Penalties Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The conditional discharge statute authorizes courts to place defendants in supervisory treatment, either with or without a guilty plea, where a defendant has been charged with a disorderly persons or petty disorderly persons offense under the Comprehensive Drug Reform Act of 1987 (CDRA), N.J.S.A. § 2C:35-1 to - 36A1, and has not previously been convicted under that chapter, N.J.S.A. § 2C:36A-1. The statute provides the dismissal of charges upon termination of supervisory treatment without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities, if any, imposed by law upon conviction of a crime or disorderly persons offense, N.J.S.A. § 2C:36A-1(b). Like the pretrial intervention (PTI) statute, the conditional discharge statute requires that placement may occur only once and a defendant shall not be placed in a conditional discharge program unless a court concludes the person has not previously received supervisory treatment under either the PTI statute, the conditional discharge statute, or N.J.S.A. § 24:21-27, the predecessor of N.J.S.A. § 2C:36A-1. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. 126
Page 5 of 7 § 2C:52-6.1. Certain crimes expunged by operation of law • Pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, any placement in a diversionary program entered prior to the first day of the fifth month following the statute's effective date, where the judgment of conviction or final disposition on the matter was not entered prior to that date, and the diversionary placement solely involved one or more offenses decriminalized under the act shall be vacated by operation of law, N.J.S.A. § 2C:35-23.1(b). With respect to expungements, any case that, prior to the effective date, includes any disorderly persons offense or petty disorderly persons offense subject to conditional discharge pursuant to N.J.S.A. § 2C:36A-1, shall be expunged by operation of law, and any remaining sentence, ongoing supervision, or financial assessment shall be vacated by operation of law, N.J.S.A. § 2C:52-6.1. • The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act did not amend, reference, or supersede the conditional discharge, pretrial intervention, or expungement statutes. The Legislature carefully worded.to: 1) vacate by operation of law any pending placement in a diversionary program solely for marijuana offenses entered within five months of the statute's effective, only where final disposition on the matter was not entered prior to that date, N.J.S.A. § 2C:35-23.1(b); 2) expunge pending marijuana disorderly persons or petty disorderly persons offenses subject to conditional discharge; and 3) vacate ongoing supervision, N.J.S.A. § 2C:52-6.1. • The 2013 amendments to N.J.S.A. § 2C:43-12(g) explained that a person who has participated in conditional discharge will also not be eligible for pretrial intervention (PTI). That clearly expressed legislative intent cannot be ignored. When the Legislature enacted N.J.S.A. § 2C:52-6.1, ordering the expungement of any case that included any disorderly persons offense or petty disorderly persons offense subject to conditional discharge for marijuana offenses, it created a different procedure for underage persons found in possession of cannabis, including the issuance of warnings and write ups for infractions, N.J.S.A. § 2C:3315(a)(1). Notably, warnings and write ups for underage persons shall be destroyed or permanently deleted, and shall not be considered with respect to any eligibility or decision for diversion or discharge, N.J.S.A. § 2C:33-15(a)(6)(b). Unlike expunged records, the effect of directing the destruction of records for underage persons is that the records will not be placed in the AOC's supervisory treatment index, N.J.S.A. § 2C:4321(d), for potential use in evaluating future PTI applications, N.J.S.A. § 2C:52-20. • N.J.S.A. § 2C:52-6.1is neither inconsistent with, nor repugnant to, the Legislature's earlier enacted rule permitting only one prior diversionary placement, including conditional discharges under N.J.S.A. § 2C:36A-1(c)(3). N.J.S.A. § 2C:52-6.1 did not alter the definition of an expunged record or the legal consequences flowing from an expungement. The statute is forward looking and does not contradict N.J.S.A § 2C:43-12(g), limiting pretrial intervention (PTI) to one opportunity. Indeed, the goals of PTI are to deter future criminal conduct and to provide a one-time diversion from prosecution. Moreover, possessing cannabis in quantities of less than fifty grams was not only a disorderly persons offense at the time of defendants' prior diversionary placements, prior possession remains a disorderly persons offense, N.J.S.A. § 2C:35-10(a)(4)(a). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Conditions Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Until 2019, N.J.S.A. ch. 52 defined "expungement" to mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Chapter 52 directs that expunged records be placed in the control of a person designated 127
Page 6 of 7 § 2C:52-6.1. Certain crimes expunged by operation of law by the head of the criminal justice or law enforcement agency in possession of the records at the time of the petition, N.J.S.A. § 2C:52-15(a), including for use by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Agencies in possession of such records are directed to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges. Ibid. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Eligibility
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The 2013 amendments to N.J.S.A. § 2C:43-12(g) explained that a person who has participated in conditional discharge will also not be eligible for pretrial intervention (PTI). That clearly expressed legislative intent cannot be ignored. When the Legislature enacted N.J.S.A. § 2C:52-6.1, ordering the expungement of any case that included any disorderly persons offense or petty disorderly persons offense subject to conditional discharge for marijuana offenses, it created a different procedure for underage persons found in possession of cannabis, including the issuance of warnings and write ups for infractions, N.J.S.A. § 2C:3315(a)(1). Notably, warnings and write ups for underage persons shall be destroyed or permanently deleted, and shall not be considered with respect to any eligibility or decision for diversion or discharge, N.J.S.A. § 2C:33-15(a)(6)(b). Unlike expunged records, the effect of directing the destruction of records for underage persons is that the records will not be placed in the AOC's supervisory treatment index, N.J.S.A. § 2C:4321(d), for potential use in evaluating future PTI applications, N.J.S.A. § 2C:52-20. • N.J.S.A. § 2C:52-6.1is neither inconsistent with, nor repugnant to, the Legislature's earlier enacted rule permitting only one prior diversionary placement, including conditional discharges under N.J.S.A. § 2C:36A-1(c)(3). N.J.S.A. § 2C:52-6.1 did not alter the definition of an expunged record or the legal consequences flowing from an expungement. The statute is forward looking and does not contradict N.J.S.A § 2C:43-12(g), limiting pretrial intervention (PTI) to one opportunity. Indeed, the goals of PTI are to deter future criminal conduct and to provide a one-time diversion from prosecution. Moreover, possessing cannabis in quantities of less than fifty grams was not only a disorderly persons offense at the time of defendants' prior diversionary placements, prior possession remains a disorderly persons offense, N.J.S.A. § 2C:35-10(a)(4)(a). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Postconviction Proceedings: Expungement
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act did not amend, reference, or supersede the conditional discharge, pretrial intervention, or expungement statutes. 128
Page 7 of 7 § 2C:52-6.1. Certain crimes expunged by operation of law The Legislature carefully worded.to: 1) vacate by operation of law any pending placement in a diversionary program solely for marijuana offenses entered within five months of the statute's effective, only where final disposition on the matter was not entered prior to that date, N.J.S.A. § 2C:35-23.1(b); 2) expunge pending marijuana disorderly persons or petty disorderly persons offenses subject to conditional discharge; and 3) vacate ongoing supervision, N.J.S.A. § 2C:52-6.1. • The 2013 amendments to N.J.S.A. § 2C:43-12(g) explained that a person who has participated in conditional discharge will also not be eligible for pretrial intervention (PTI). That clearly expressed legislative intent cannot be ignored. When the Legislature enacted N.J.S.A. § 2C:52-6.1, ordering the expungement of any case that included any disorderly persons offense or petty disorderly persons offense subject to conditional discharge for marijuana offenses, it created a different procedure for underage persons found in possession of cannabis, including the issuance of warnings and write ups for infractions, N.J.S.A. § 2C:3315(a)(1). Notably, warnings and write ups for underage persons shall be destroyed or permanently deleted, and shall not be considered with respect to any eligibility or decision for diversion or discharge, N.J.S.A. § 2C:33-15(a)(6)(b). Unlike expunged records, the effect of directing the destruction of records for underage persons is that the records will not be placed in the AOC's supervisory treatment index, N.J.S.A. § 2C:4321(d), for potential use in evaluating future PTI applications, N.J.S.A. § 2C:52-20. • N.J.S.A. § 2C:52-6.1is neither inconsistent with, nor repugnant to, the Legislature's earlier enacted rule permitting only one prior diversionary placement, including conditional discharges under N.J.S.A. § 2C:36A-1(c)(3). N.J.S.A. § 2C:52-6.1 did not alter the definition of an expunged record or the legal consequences flowing from an expungement. The statute is forward looking and does not contradict N.J.S.A § 2C:43-12(g), limiting pretrial intervention (PTI) to one opportunity. Indeed, the goals of PTI are to deter future criminal conduct and to provide a one-time diversion from prosecution. Moreover, possessing cannabis in quantities of less than fifty grams was not only a disorderly persons offense at the time of defendants' prior diversionary placements, prior possession remains a disorderly persons offense, N.J.S.A. § 2C:35-10(a)(4)(a). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Governments: Legislation: Effect & Operation: Amendments Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • If the Legislature intended to repeal or amend, N.J.S.A. § 2C:43-12(g)(1), N.J.S.A. §2C:43-21(d), N.J.S.A. § 2C:52-20, N.J.S.A. § 2C:52-27(b), or overrule R. 3:28-1(c)(1) and - 5(a), it would have done so. The appellate court's review of the relevant statutes and legislative history shows no clear and compelling evidence of that intent. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-7 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-7. Petition for expungement Every petition for expungement filed pursuant to this chapter shall be filed in the Superior Court in the county in which the petitioner resides or a county in which one or more of the petitioner’s matters were disposed of, and shall be verified and include: a. Petitioner’s date of birth. b. Petitioner’s date of arrest. c. The statute or statutes and offense or offenses for which petitioner was arrested and of which petitioner was convicted. d. The original indictment, summons, or complaint number. e. Petitioner’s date of conviction or date of disposition of the matter if no conviction resulted. f. The court’s disposition of the matter and the punishment imposed, if any.
History L. 1979, c. 178, § 114; amended by 2023, c. 260, § 8, effective January 12, 2024. Annotations
Notes Amendment Notes 2023 amendment, by Chapter 260, inserted “filed in the Superior Court in the county in which the petitioner resides or a county in which one or more of the petitioner’s matters were disposed of, and shall be” in the introductory language.
CASE NOTES Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Possession: General Overview Criminal Law & Procedure: Postconviction Proceedings: Expungement Evidence: Procedural Considerations: Burdens of Proof: Allocation
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Page 2 of 3 § 2C:52-7. Petition for expungement Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Possession: General Overview Petitioner seeking expungement of a conviction of possession of marijuana was required pursuant to N.J. Stat. Ann. § 2C:52-2 to present a verified petition prepared in accordance with N.J. Stat. Ann. § 2C:52-7 to obtain the requested relief and to demonstrate that he was entitled to the relief sought because his marijuana possession conviction was for possession of 25 grams or less. State v. Merendino, 293 N.J. Super. 444, 681 A.2d 117, 1996 N.J. Super. LEXIS 346 (App.Div. 1996).
Criminal Law & Procedure: Postconviction Proceedings: Expungement Expungement statute, N.J. Stat. Ann. § 2C:52-2(a), precludes expungement if a petitioner has been convicted of any prior or subsequent crime with crimes being prior or subsequent if committed on separate occasions, and the petitioner bears the burden to show one crime was not prior or subsequent to the other. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013). Trial court erred by expunging petitioner’s convictions for theft and money laundering pursuant to the expungement statute, N.J. Stat. Ann. § 2C:52-2(a), because he failed to meet his burden to prove he committed his crimes concurrently, and not on separate occasions. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013). Petitioner seeking expungement of a conviction of possession of marijuana was required pursuant to N.J. Stat. Ann. § 2C:52-2 to present a verified petition prepared in accordance with N.J. Stat. Ann. § 2C:52-7 to obtain the requested relief and to demonstrate that he was entitled to the relief sought because his marijuana possession conviction was for possession of 25 grams or less. State v. Merendino, 293 N.J. Super. 444, 681 A.2d 117, 1996 N.J. Super. LEXIS 346 (App.Div. 1996). Defendant was not entitled to expunge a disorderly persons conviction because he failed to include any reference to an acquittal in another county in his petition as required by N.J. Stat. Ann. § 2C:52-7. State v. De Marco, 174 N.J. Super. 411, 416 A.2d 949, 1980 N.J. Super. LEXIS 605 (Law Div. 1980).
Evidence: Procedural Considerations: Burdens of Proof: Allocation Expungement statute, N.J. Stat. Ann. § 2C:52-2(a), precludes expungement if a petitioner has been convicted of any prior or subsequent crime with crimes being prior or subsequent if committed on separate occasions, and the petitioner bears the burden to show one crime was not prior or subsequent to the other. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013). Trial court erred by expunging petitioner’s convictions for theft and money laundering pursuant to the expungement statute, N.J. Stat. Ann. § 2C:52-2(a), because he failed to meet his burden to prove he committed his crimes concurrently, and not on separate occasions. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013).
Research References & Practice Aids Cross References: Indictable offenses., see 2C:52-2. Disorderly persons offenses and petty disorderly persons offenses, see 2C:52-3. Ordinances, see 2C:52-4. 131
Page 3 of 3 § 2C:52-7. Petition for expungement Arrests not resulting in conviction [Effective until January 4, 2014], see 2C:52-6. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-8 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-8. Statements to accompany petition There shall be attached to a petition for expungement: a. A statement with the affidavit or verification that there are no disorderly persons, petty disorderly persons or criminal charges pending against the petitioner at the time of filing of the petition for expungement. b. In those instances where the petitioner is seeking the expungement of a criminal conviction pursuant to N.J.S.2C:52-2, a statement with affidavit or verification that he has never been granted expungement, sealing or similar relief regarding a criminal conviction by any court in this State or other state or by any Federal court. “Sealing” refers to the relief previously granted pursuant to P.L.1973, c.191 (C.2A:85-15 et seq.). c. In those instances where a person has received a dismissal of a criminal charge because of acceptance into a supervisory treatment or any other diversion program, a statement with affidavit or verification setting forth the nature of the original charge, the court of disposition and date of disposition. d. A statement as to whether the petitioner has legally changed the petitioner’s name, the date of judgment of name change, and the previous legal name. If applicable, the petitioner shall provide a copy of the order for name change.
History L. 1979, c. 178, § 115; amended by 2017, c. 244, § 4, effective October 1, 2018; 2019, c. 269, § 9, effective June 15, 2020. Annotations
Notes Effective Dates Section 9 of L. 2017, c. 244 provides: “This act shall take effect on the first day of the tenth month next following enactment.” Chapter 244, L. 2017, was approved on Dec. 20, 2017. Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections Yasmine Boto
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Page 2 of 3 § 2C:52-8. Statements to accompany petition which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Notes 2017 amendment, by Chapter 244, inserted “or the expungement of convictions pursuant to N.J.S.2C:52-3 for multiple disorderly persons or petty disorderly persons offenses, all of which were entered the same day, or which were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time” and “or convictions for multiple disorderly persons or petty disorderly persons offenses, all of which were entered the same day, or which were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time” in the first sentence of b. 2019 amendment, by Chapter 269, in b., deleted “or the expungement of convictions” following “of a criminal conviction”, substituted “N.J.S.2C:52-2” for “N.J.S.2C:52-3 for multiple disorderly persons or petty disorderly persons offenses, all of which were entered the same day, or which were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time”, and deleted “or convictions for multiple disorderly persons or petty disorderly persons offenses, all of which were entered the same day, or which were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time” preceding “by any court”; and added d.
CASE NOTES Criminal Law & Procedure: Arrests: General Overview Criminal Law & Procedure: Postconviction Proceedings: Expungement Evidence: Procedural Considerations: Burdens of Proof: Allocation Governments: Local Governments: Employees & Officials Governments: State & Territorial Governments: Employees & Officials
Criminal Law & Procedure: Arrests: General Overview When a person who was arrested but never convicted, and whose arrest record was expunged, applies for a law enforcement position, the New Jersey Merit System Board may not require the applicant to provide the “evidence of rehabilitation” required by N.J. Stat. Ann. § 11A:4-11, because such evidence is provided by the foundation for the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Criminal Law & Procedure: Postconviction Proceedings: Expungement Expungement statute, N.J. Stat. Ann. § 2C:52-2(a), precludes expungement if a petitioner has been convicted of any prior or subsequent crime with crimes being prior or subsequent if committed on separate occasions, and the petitioner bears the burden to show one crime was not prior or subsequent to the other. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013). Trial court erred by expunging petitioner’s convictions for theft and money laundering pursuant to the expungement statute, N.J. Stat. Ann. § 2C:52-2(a), because he failed to meet his burden to prove he committed his crimes 134
Page 3 of 3 § 2C:52-8. Statements to accompany petition concurrently, and not on separate occasions. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013).
Evidence: Procedural Considerations: Burdens of Proof: Allocation Expungement statute, N.J. Stat. Ann. § 2C:52-2(a), precludes expungement if a petitioner has been convicted of any prior or subsequent crime with crimes being prior or subsequent if committed on separate occasions, and the petitioner bears the burden to show one crime was not prior or subsequent to the other. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013). Trial court erred by expunging petitioner’s convictions for theft and money laundering pursuant to the expungement statute, N.J. Stat. Ann. § 2C:52-2(a), because he failed to meet his burden to prove he committed his crimes concurrently, and not on separate occasions. In re Criminal Records of R.Z., 429 N.J. Super. 295, 58 A.3d 1178, 2013 N.J. Super. LEXIS 7 (App.Div. 2013).
Governments: Local Governments: Employees & Officials When a person who was arrested but never convicted, and whose arrest record was expunged, applies for a law enforcement position, the New Jersey Merit System Board may not require the applicant to provide the “evidence of rehabilitation” required by N.J. Stat. Ann. § 11A:4-11, because such evidence is provided by the foundation for the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Governments: State & Territorial Governments: Employees & Officials When a person who was arrested but never convicted, and whose arrest record was expunged, applies for a law enforcement position, the New Jersey Merit System Board may not require the applicant to provide the “evidence of rehabilitation” required by N.J. Stat. Ann. § 11A:4-11, because such evidence is provided by the foundation for the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-9 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-9. Order fixing time for hearing Upon the filing of a petition for relief pursuant to this chapter, the court shall, by order, fix a time not less than 35 nor more than 60 days thereafter for hearing of the matter.
History L. 1979, c. 178, § 116. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-10 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-10. Service of petition and documents a. Until the date that the e-filing system is established by the Administrative Office of the Courts pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), a copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the rules of court upon the Superintendent of State Police; the Attorney General; the county prosecutor of the county wherein the court is located; the chief of police or other executive head of the police department of the municipality wherein the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State which participated in the arrest of the individual; the superintendent or warden of any institution in which the petitioner was confined; and, if a disposition was made by a municipal court, upon the magistrate of that court. Service shall be made within 5 days from the date of the order setting the date for the hearing upon the matter. b. On and after the date that the e-filing system is established pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), a copy of each petition, together with a copy of all supporting documents, shall, upon their filing, be served electronically pursuant to the rules of court upon the Superintendent of State Police, the Attorney General, the county prosecutor of the county wherein the court is located, and the county prosecutor of any county in which the petitioner was convicted, using the e-filing system.
History L. 1979, c. 178, 117; amended by 2019, c. 269, § 10, effective June 15, 2020. Annotations
Notes Effective Dates Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Notes 2019 amendment, by Chapter 269, rewrote a.; and added b. Yasmine Boto
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Page 2 of 2 § 2C:52-10. Service of petition and documents
CASE NOTES Criminal Law & Procedure: Postconviction Proceedings: Expungement Defendant must serve an order of expungement upon all parties entitled to notice and the five-year period within which objections may be made to the granting of the order does not begin to run until the party to whom notice is required to be given, pursuant to N.J. Stat. Ann. § 2C:52-10, has been served with the order. State v. King, 340 N.J. Super. 390, 774 A.2d 629, 2001 N.J. Super. LEXIS 205 (App.Div. 2001).
Research References & Practice Aids Cross References: Vacating of orders of sealing; time; basis, see 2C:52-26. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-10.1 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-10.1. System to electronically file expungement applications a. (1) No later than twelve months after the effective date of this section, the Administrative Office of the Courts shall develop and maintain a system for petitioners to electronically file expungement applications pursuant to N.J.S.2C:52-1 et seq. The e-filing system shall be available Statewide and include electronic filing, electronic service of process, and electronic document management. (2) The system shall, in accordance with N.J.S.2C:52-10, electronically notify and serve copies of the petition and all supporting documents upon the Superintendent of State Police, the Attorney General, and each county prosecutor as described in that section. (3) The system shall electronically compile a listing of all possibly relevant Judiciary records for an expungement petitioner and transmit this information to all parties served with copies of the petition and all supporting documents in accordance with paragraph (2) of this subsection. b. Upon receipt of the information from the court pursuant to paragraphs (2) and (3) of subsection a. of this section, the Superintendent of State Police, the Attorney General, and the county prosecutor of any county in which the person was convicted shall, within 60 days, review and confirm, as appropriate, the information against the person’s criminal history record information files and notify the court of any inaccurate or incomplete data contained in the information files, or of any other basis for ineligibility, if applicable, pursuant to N.J.S.2C:52-14. c. The court shall provide copies of an expungement order to the person who is the subject of the petition and electronically transmit the order to the law enforcement and criminal justice agencies which, at the time of the hearing on the petition, possess any records specified in the order in accordance with N.J.S.2C:5215.
History L. 2019, c. 269, § 11, effective June 15, 2020. Annotations
Notes Effective Dates Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the Yasmine Boto
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Page 2 of 2 § 2C:52-10.1. System to electronically file expungement applications remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019.
Notes to Decisions Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Courts: Court Records
Criminal Law & Procedure: Postconviction Proceedings: Expungement
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• A court granting expungement must transmit the order to the law enforcement and criminal justice agencies which, at the time of the hearing on the petition, possess any records specified in the order. N.J.S.A. 2C:52-10.1(c). States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Governments: Courts: Court Records
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• A court granting expungement must transmit the order to the law enforcement and criminal justice agencies which, at the time of the hearing on the petition, possess any records specified in the order. N.J.S.A. 2C:52-10.1(c). States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-11 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-11. Order directing expungement where no objection prior to hearing If, prior to the hearing, there is no objection from those law enforcement agencies notified or from those offices or agencies which are required to be served under 2C:52-10, and no reason, as provided in section 2C:52-14, appears to the contrary, the court may, without a hearing, grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge records of said disposition including evidence of arrest, detention, conviction and proceedings related thereto.
History L. 1979, c. 178, § 118. Annotations
CASE NOTES
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: General Overview Superior court did not err in denying defendant’s petition for expungement of arrests for assault and battery and larceny made pursuant to former N.J. Stat. Ann. 2A:85-15, et seq. (now N.J. Stat. Ann. § 2C:52-2 et seq.), even in the absence of law enforcement objection, because the language of former N.J. Stat. Ann. § 2A:85-17(a) (now N.J. Stat. Ann. § 2C:52-11) was not mandatory, and the superior court did not abuse its discretion in attempting to preserve the record in the event of a future expungement petition by defendant. In re Applegate, 165 N.J. Super. 417, 398 A.2d 574, 1979 N.J. Super. LEXIS 571 (App.Div.), certif. denied, 81 N.J. 61, 404 A.2d 1160, 1979 N.J. LEXIS 1524 (N.J. 1979). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-12 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-12. Denial of relief although no objection entered In the event that none of the persons or agencies required to be noticed under 2C:52-10 has entered any objection to the relief being sought, the court may nevertheless deny the relief sought if it concludes that petitioner is not entitled to relief for the reasons provided in section 2C:52-14.
History L. 1979, c. 178, § 119. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-13 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-13. When hearing on petition for expungement shall not be held No petition for relief made pursuant to this section shall be heard by any court if the petitioner, at the time of filing or date of hearing, has a charge or charges pending against him which allege the commission of a crime, disorderly persons offense or petty disorderly persons offense. Such petition shall not be heard until such times as all pending criminal and or disorderly persons charges are adjudicated to finality.
History L. 1979, c. 178, § 120. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
End of Document
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N.J. Stat. § 2C:52-14 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-14. Grounds for denial of relief A petition for expungement filed pursuant to this chapter shall be denied when: a. Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief. b. The need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in this chapter. An application may be denied under this subsection only following objection of a party given notice pursuant to N.J.S.2C:52-10 and the burden of asserting such grounds shall be on the objector. c. In connection with a petition under N.J.S.2C:52-6, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged. d. The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body. e. Except as set forth in subsection a. of section 7 of P.L.2019, c.269 (C.2C:52-5.3) concerning a “clean slate” expungement petition, the person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition. This provision shall not apply: (1) When the person is seeking the expungement of a municipal ordinance violation, (2) When the person is seeking the expungement of records pursuant to N.J.S.2C:52-6, or (3) When the person is seeking the expungement of records of conviction for possession with intent to use drug paraphernalia pursuant to N.J.S.2C:36-2, when same is a hypodermic syringe or needle; possession with the intent to distribute drug paraphernalia pursuant to N.J.S.2C:36-3, when same is a hypodermic syringe or needle; or possession or distribution of hypodermic syringe or needle pursuant to N.J.S.2C:36-6. f. (Deleted by amendment, P.L.2017, c.244)
History L. 1979, c. 178, § 121; amended 2009, c. 188, § 3, eff. Mar. 13, 2010; 2017, c. 244, § 5, effective October 1, 2018; 2019, c. 269, § 12, effective June 15, 2020; 2021, c. 403, § 2, effective January 18, 2022. Annotations
Notes Yasmine Boto
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Page 2 of 9 § 2C:52-14. Grounds for denial of relief
Effective Dates: Section 4 of L. 2009, c. 188 provides: “This act shall take effect on the 60th day after enactment.” Chapter 188, L. 2009, was approved on Jan. 12, 2010. Section 9 of L. 2017, c. 244 provides: “This act shall take effect on the first day of the tenth month next following enactment.” Chapter 244, L. 2017, was approved on Dec. 20, 2017. Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated ‘clean slate’ process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Note: 2009 amendment, by Chapter 188, in the second sentence of b., added “except that in regard to expungement sought for third or fourth degree drug offenses pursuant to paragraph (3) of subsection c. of N.J.S.2C:52-2, the court shall consider whether this factor applies regardless of whether any party objects on this basis.” 2017 amendment, by Chapter 244, deleted former f., which read: “The person seeking the relief of expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense has prior to or subsequent to said conviction been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversion program”; and made stylistic changes. 2019 amendment, by Chapter 269, deleted “except that in regard to expungement sought for third or fourth degree drug offenses pursuant to paragraph (3) of subsection c. of N.J.S.2C:52-2, the court shall consider whether this factor applies regardless of whether any party objects on this basis” at the end of b.; and substituted “Except as set forth in subsection a. of section 7 of P.L.2019, c.269 (C.2C:52-5.3) concerning a “clean slate” expungement petition, the ” for “A" in the first sentence of e. 2021 amendment, by Chapter 403, added e.(3); and made a related change.
CASE NOTES Administrative Law: Governmental Information: Freedom of Information: Defenses & Exemptions: Law Enforcement Records: General Overview Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Domestic Offenses: Domestic Assault Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: General Overview Criminal Law & Procedure: Juvenile Offenders: Juvenile Proceedings: Records Criminal Law & Procedure: Sentencing: Alternatives: Probation 145
Page 3 of 9 § 2C:52-14. Grounds for denial of relief Criminal Law & Procedure: Sentencing: Forfeitures: General Overview Criminal Law & Procedure: Postconviction Proceedings: Clemency Criminal Law & Procedure: Postconviction Proceedings: Expungement Evidence: Procedural Considerations: Burdens of Proof: Allocation Governments: Courts: Court Records Torts: Public Entity Liability: Liability: Claim Presentation: General Overview
Administrative Law: Governmental Information: Freedom of Information: Defenses & Exemptions: Law Enforcement Records: General Overview Where an arrestee sued the State after records of his arrest were expunged, the trial court erred in vacating its expungement order because, pursuant to N.J. Stat. Ann. § 2C:52-19, the expunged records were available to the State to satisfy discovery obligations in the civil suit. State v. J.R.S., 398 N.J. Super. 1, 939 A.2d 226, 2008 N.J. Super. LEXIS 25 (App.Div. 2008).
Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Domestic Offenses: Domestic Assault As a husband’s simple assault on his wife, to whom he was still married after 10 years, was an apparent aberration in an otherwise law-abiding life, he was entitled to have his criminal records expunged notwithstanding the prosecutor’s objection. In re Criminal Records of H.M.H., 404 N.J. Super. 174, 960 A.2d 821, 2008 N.J. Super. LEXIS 227 (Ch.Div. 2008). Neither N.J. Stat. Ann. § 2C:52-14 nor any other statute bars the expungement of records of domestic violence offenses involving physical violence. In re Criminal Records of H.M.H., 404 N.J. Super. 174, 960 A.2d 821, 2008 N.J. Super. LEXIS 227 (Ch.Div. 2008).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Cruelty to Animals: Penalties Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: General Overview Petitioner requested expungement of his disorderly persons convictions, but was properly denied because, pursuant to N.J. Stat. Ann. § 2C:52-14(f), there could be no expungement due to the dismissal of another criminal charge following completion of a pretrial intervention program which did not eradicate the dismissal for purposes of a subsequent expungement. In re Podias, 284 N.J. Super. 674, 666 A.2d 209, 1995 N.J. Super. LEXIS 520 (App.Div. 1995), certif. denied, 143 N.J. 517, 673 A.2d 276, 1996 N.J. LEXIS 267 (N.J. 1996). Where, 13 years after pleading guilty to a disorderly persons offense of possession of marijuana and successfully completing a conditional discharge program, defendant was indicted for possession of a controlled dangerous 146
Page 4 of 9 § 2C:52-14. Grounds for denial of relief substance, tampering with physical evidence, and hindering apprehension, defendant successfully vacated the conditional discharge because it precluded admission in pretrial intervention and then pleaded guilty to the charges, was fined and assessed court costs, after which the charges were dismissed and expunged, defendant was not entitled to expunge the original conviction for the disorderly persons offense, which had originally been discharged, because N.J. Stat. Ann. § 2C:52-14(a) and (f) provided that a conviction would not be expunged if it occurred before or after the defendant had been granted a dismissal of criminal charges following a diversionary program such as PTI. State v. Dylag, 267 N.J. Super. 348, 631 A.2d 588, 1993 N.J. Super. LEXIS 785 (Law Div. 1993).
Criminal Law & Procedure: Juvenile Offenders: Juvenile Proceedings: Records Trial court erred by denying petitioner’s application to expunge his juvenile adjudications because under N.J. Stat. Ann. § 2C:52-4.1(b) he qualified, but expungement was properly denied as to his adult conviction since the petition was filed less than 10 years after completion of the sentence as required by N.J. Stat. Ann. § 2C:52-2(a), and he failed to establish that expungement after just five years was in the public interest, as required by § 2C:52-2(a)(2). In re J.B., 426 N.J. Super. 496, 45 A.3d 1014, 2012 N.J. Super. LEXIS 102 (App.Div. 2012).
Criminal Law & Procedure: Sentencing: Alternatives: Probation Individual who has been discharged from probation without improvement, and who has subsequently paid all outstanding fees and fines, is not barred from applying for expungement of the conviction; however, the court may consider her performance while on probation as one factor in deciding whether to grant the petition. In re Expungement of the Crim. Records of E.C., 454 N.J. Super. 48, 184 A.3d 120, 2018 N.J. Super. LEXIS 47 (App.Div. 2018). Where petitioner had been discharged from probation, albeit with an imperfect record while on probation, and had paid all outstanding fines, the trial court erred in holding that she was barred for applying for expungement of her conviction on the grounds that she was discharged from probation “without improvement,” because under N.J. Stat. Ann. § 2C:45-2(c)(1), a defendant who was discharged from probation satisfied her sentence so long as she paid all fines imposed. In re Expungement of the Crim. Records of E.C., 454 N.J. Super. 48, 184 A.3d 120, 2018 N.J. Super. LEXIS 47 (App.Div. 2018).
Criminal Law & Procedure: Sentencing: Forfeitures: General Overview Former public employee filed a petition for expungement of her disorderly persons offense under N.J. Stat. Ann. § 2C:52-3. The State’s objection to expungement under N.J. Stat. Ann. § 2C:52-14(b) on grounds that it would relieve her from the effect of an order of forfeiture of public employment under N.J. Stat. Ann. § 2C:51-2 was not well founded, as the question of whether expungement should be granted was different from the separate but related question as to the reach of any resulting order of expungement. In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010).
Criminal Law & Procedure: Postconviction Proceedings: Clemency Petitioner was entitled to consideration of a petition expungement of criminal records following a gubernatorial pardon because the statutory bar that prevented him from being eligible for expungement was a legal disability came into play solely because of his prior convictions. Because the pardon removed the legal disabilities that arose from those convictions, the statutory bar was dissolved. Petitioner was entitled to an order of expungement on remand because petitioner had led a productive, law-abiding life since the convictions, nothing in the record demonstrated the need for the continued availability of his record and the State presented no argument against expungement other than the statutory bar for multiple convictions. In re Petition for Expungement of Criminal Record Belonging to T.O., 244 N.J. 514, 242 A.3d 842, 2021 N.J. LEXIS 1 (N.J. 2021). 147
Page 5 of 9 § 2C:52-14. Grounds for denial of relief
Criminal Law & Procedure: Postconviction Proceedings: Expungement
A petitioner subject to Parole Supervision for Life is ineligible to apply for expungement because statutory eligibility requires five years after satisfactory completion of all parole, including Parole Supervision for Life, regardless of whether the supervision arises from a conviction sought to be expunged. Ongoing Parole Supervision for Life constituted a failure to meet statutory prerequisites for relief. In re Expungement of the Criminal/Juvenile Recs. of A.W.1, 2026 N.J. Super. LEXIS 58 (App.Div. June 10, 2026).
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute details which individuals can apply to have criminal records expunged, specifies how petitions for expungement are to be filed, and identifies how law enforcement agencies may object. N.J.S.A. 2C:52-2, N.J.S.A. 2C:52-5.1, N.J.S.A. 2C:52-5.3, N.J.S.A. 2C:52-7, N.J.S.A. 2C:52-11, N.J.S.A. 2C:52-14(b). States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Petitioner was entitled to consideration of a petition expungement of criminal records following a gubernatorial pardon because the statutory bar that prevented him from being eligible for expungement was a legal disability came into play solely because of his prior convictions. Because the pardon removed the legal disabilities that arose from those convictions, the statutory bar was dissolved. Petitioner was entitled to an order of expungement on remand because petitioner had led a productive, law-abiding life since the convictions, nothing in the record demonstrated the need for the continued availability of his record and the State presented no argument against expungement other than the statutory bar for multiple convictions. In re Petition for Expungement of Criminal Record Belonging to T.O., 244 N.J. 514, 242 A.3d 842, 2021 N.J. LEXIS 1 (N.J. 2021). Individual who has been discharged from probation without improvement, and who has subsequently paid all outstanding fees and fines, is not barred from applying for expungement of the conviction; however, the court may consider her performance while on probation as one factor in deciding whether to grant the petition. In re Expungement of the Crim. Records of E.C., 454 N.J. Super. 48, 184 A.3d 120, 2018 N.J. Super. LEXIS 47 (App.Div. 2018). Where petitioner had been discharged from probation, albeit with an imperfect record while on probation, and had paid all outstanding fines, the trial court erred in holding that she was barred for applying for expungement of her conviction on the grounds that she was discharged from probation “without improvement,” because under N.J. Stat. Ann. § 2C:45-2(c)(1), a defendant who was discharged from probation satisfied her sentence so long as she paid all fines imposed. In re Expungement of the Crim. Records of E.C., 454 N.J. Super. 48, 184 A.3d 120, 2018 N.J. Super. LEXIS 47 (App.Div. 2018). Trial court properly granted petitioner’s motion for expungement because the criminal charges for cruelty to animals and for a disorderly persons offense of animal cruelty were dismissed and he ultimately agreed to a violation of a statute for which he paid a civil penalty and the final disposition was not a plea agreement, thus, expungement was 148
Page 6 of 9 § 2C:52-14. Grounds for denial of relief permitted under N.J.S.A. § 2C:52-6(a). In re P.H., 436 N.J. Super. 427, 94 A.3d 914, 2014 N.J. Super. LEXIS 100 (App.Div. 2014). Defendants seeking relief under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement have the burden of proving why expungement of a criminal record is in the public interest. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Supreme Court of New Jersey reversed the denial of a petitioner’s expungement application because it appeared that he had met the burden of proving under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement of why expungement of a criminal record was in the public interest and a remand was necessary for the trial court to assess the petitioner’s character and conduct as of the date of its new ruling. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Trial court erred by denying petitioner’s application to expunge his juvenile adjudications because under N.J. Stat. Ann. § 2C:52-4.1(b) he qualified, but expungement was properly denied as to his adult conviction since the petition was filed less than 10 years after completion of the sentence as required by N.J. Stat. Ann. § 2C:52-2(a), and he failed to establish that expungement after just five years was in the public interest, as required by § 2C:52-2(a)(2). In re J.B., 426 N.J. Super. 496, 45 A.3d 1014, 2012 N.J. Super. LEXIS 102 (App.Div. 2012). Former public employee filed a petition for expungement of her disorderly persons offense under N.J. Stat. Ann. § 2C:52-3. The State’s objection to expungement under N.J. Stat. Ann. § 2C:52-14(b) on grounds that it would relieve her from the effect of an order of forfeiture of public employment under N.J. Stat. Ann. § 2C:51-2 was not well founded, as the question of whether expungement should be granted was different from the separate but related question as to the reach of any resulting order of expungement. In re Expungement Petition of D.H., 204 N.J. 7, 6 A.3d 421, 2010 N.J. LEXIS 1128 (N.J. 2010). Where an arrestee sued the State after records of his arrest were expunged, the trial court erred in vacating its expungement order because, pursuant to N.J. Stat. Ann. § 2C:52-19, the expunged records were available to the State to satisfy discovery obligations in the civil suit. State v. J.R.S., 398 N.J. Super. 1, 939 A.2d 226, 2008 N.J. Super. LEXIS 25 (App.Div. 2008). Potential future litigation against the State of New Jersey or notice of intent to commence a civil suit at some future time are not grounds for denying a petition for expungement under N.J. Stat. Ann. § 2C:52-14(d). State v. J.R.S., 398 N.J. Super. 1, 939 A.2d 226, 2008 N.J. Super. LEXIS 25 (App.Div. 2008). As an arrestee’s filing of a tort claims notice against the State under N.J. Stat. Ann. § 59:8-8 based on his arrest was not the commencement of “civil litigation” against a public entity, triggering N.J. Stat. Ann. § 2C:52-14(d)’s bar against granting of an expungement petition, the trial court erred in vacating the expungement order it had entered in favor of the arrestee. State v. J.R.S., 398 N.J. Super. 1, 939 A.2d 226, 2008 N.J. Super. LEXIS 25 (App.Div. 2008). As a husband’s simple assault on his wife, to whom he was still married after 10 years, was an apparent aberration in an otherwise law-abiding life, he was entitled to have his criminal records expunged notwithstanding the prosecutor’s objection. In re Criminal Records of H.M.H., 404 N.J. Super. 174, 960 A.2d 821, 2008 N.J. Super. LEXIS 227 (Ch.Div. 2008). Neither N.J. Stat. Ann. § 2C:52-14 nor any other statute bars the expungement of records of domestic violence offenses involving physical violence. In re Criminal Records of H.M.H., 404 N.J. Super. 174, 960 A.2d 821, 2008 N.J. Super. LEXIS 227 (Ch.Div. 2008). Although N.J. Stat. Ann. § 2C:52-14a ostensibly limits a court’s ability to reject an expungement petition in those situations where a statutory prerequisite has not been fulfilled, only petitions to expunge eligible convictions and arrests, as outlined in N.J. Stat. Ann. § 2C:52-2 to -6, fall within the purview of N.J. Stat. Ann. § 2C:52-14a. Therefore, a court is not required by N.J. Stat. Ann. § 2C:52-14a to grant a petition for an expungement of a prior 149
Page 7 of 9 § 2C:52-14. Grounds for denial of relief expungement. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998). Petition for expungement shall be denied according to the mandates of N.J. Stat. Ann. § 2C:52-14 when any statutory prerequisite remains unfulfilled or the prosecution asserts a special need to maintain the records that outweigh a defendant’s interest in obtaining an expungement. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998). Petitioner requested expungement of his disorderly persons convictions, but was properly denied because, pursuant to N.J. Stat. Ann. § 2C:52-14(f), there could be no expungement due to the dismissal of another criminal charge following completion of a pretrial intervention program which did not eradicate the dismissal for purposes of a subsequent expungement. In re Podias, 284 N.J. Super. 674, 666 A.2d 209, 1995 N.J. Super. LEXIS 520 (App.Div. 1995), certif. denied, 143 N.J. 517, 673 A.2d 276, 1996 N.J. LEXIS 267 (N.J. 1996). Where, 13 years after pleading guilty to a disorderly persons offense of possession of marijuana and successfully completing a conditional discharge program, defendant was indicted for possession of a controlled dangerous substance, tampering with physical evidence, and hindering apprehension, defendant successfully vacated the conditional discharge because it precluded admission in pretrial intervention and then pleaded guilty to the charges, was fined and assessed court costs, after which the charges were dismissed and expunged, defendant was not entitled to expunge the original conviction for the disorderly persons offense, which had originally been discharged, because N.J. Stat. Ann. § 2C:52-14(a) and (f) provided that a conviction would not be expunged if it occurred before or after the defendant had been granted a dismissal of criminal charges following a diversionary program such as PTI. State v. Dylag, 267 N.J. Super. 348, 631 A.2d 588, 1993 N.J. Super. LEXIS 785 (Law Div. 1993). Petition for expungement may be denied for any of several reasons enumerated in N.J. Stat. Ann. § 2C:52-14, including that the need for the availability of the records outweighs the desirability of having a person freed from any disabilities of denying expungement. State v. XYZ Corp., 119 N.J. 416, 575 A.2d 423, 1990 N.J. LEXIS 69 (N.J. 1990). Petitioner was entitled to expunge his conviction for possession of marijuana where disorderly person offense was not a criminal charge within the parameters of N.J. Stat. Ann. § 2C:52-14(f) and a disadvantage would have resulted to petitioner if statute was so construed. State v. B.C., 235 N.J. Super. 157, 561 A.2d 688, 1989 N.J. Super. LEXIS 289 (Law Div. 1989). A defendant convicted of fraud in 1973 was not entitled in 1982 to have a 1969 conviction for conspiracy to possess, process, and manufacture narcotics expunged from his arrest and conviction record; defendant was not entitled to expungement relief under N.J. Stat. Ann. § 2C:52-14(a) where he failed to satisfy his burden of proving that the 1969 conviction was invalid by showing that he had failed to execute a statutory waiver of indictment and jury trial. State v. H.G.G., 202 N.J. Super. 267, 494 A.2d 841, 1985 N.J. Super. LEXIS 1349 (App.Div. 1985). Order of expungement pursuant to N.J. Stat. Ann. § 2C:52-14 affirmed where petitioner who was indicted for aggravated assault was acquitted by a jury; the value of maintaining the availability of petitioner’s arrest record only as a source of information about petitioner’s mental illness did not outweigh the purpose of the expungement. State v. C., 181 N.J. Super. 79, 436 A.2d 573, 1981 N.J. Super. LEXIS 706 (Law Div. 1981). A trial court’s denial of a petition filed by an inmate pursuant to former N.J. Stat. Ann. § 2A:85-15 et seq. to have expunged or sealed the records of his arrest resulting from two indictments which were later dismissed was reversed; after enforcement authorities lodged an objection to the petition, the trial court was bound to first determine whether there were any grounds for the denial of the petition within the meaning of the term as expressed in former N.J. Stat. Ann. § 2A:85-20(a) (now N.J. Stat. Ann. § 2C:52-14). State v. King, 156 N.J. Super. 42, 383 A.2d 443, 1978 N.J. Super. LEXIS 695 (App.Div. 1978). 150
Page 8 of 9 § 2C:52-14. Grounds for denial of relief Defendant’s motion to expunge an arrest for possession of marijuana from his record should have been granted because the court found that evidence against defendant which was suppressed was not highly probative, as contemplated by former N.J. Stat. Ann. 2A:85-20 (now N.J. Stat. Ann. § 2C:52-14). State v. Davies, 129 N.J. Super. 1, 321 A.2d 286, 1974 N.J. Super. LEXIS 883 (Cty. Ct. 1974).
Evidence: Procedural Considerations: Burdens of Proof: Allocation Defendants seeking relief under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement have the burden of proving why expungement of a criminal record is in the public interest. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Supreme Court of New Jersey reversed the denial of a petitioner’s expungement application because it appeared that he had met the burden of proving under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement of why expungement of a criminal record was in the public interest and a remand was necessary for the trial court to assess the petitioner’s character and conduct as of the date of its new ruling. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012).
Governments: Courts: Court Records
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute details which individuals can apply to have criminal records expunged, specifies how petitions for expungement are to be filed, and identifies how law enforcement agencies may object. N.J.S.A. 2C:52-2, N.J.S.A. 2C:52-5.1, N.J.S.A. 2C:52-5.3, N.J.S.A. 2C:52-7, N.J.S.A. 2C:52-11, N.J.S.A. 2C:52-14(b). States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Torts: Public Entity Liability: Liability: Claim Presentation: General Overview Potential future litigation against the State of New Jersey or notice of intent to commence a civil suit at some future time are not grounds for denying a petition for expungement under N.J. Stat. Ann. § 2C:52-14(d). State v. J.R.S., 398 N.J. Super. 1, 939 A.2d 226, 2008 N.J. Super. LEXIS 25 (App.Div. 2008). As an arrestee’s filing of a tort claims notice against the State under N.J. Stat. Ann. § 59:8-8 based on his arrest was not the commencement of “civil litigation” against a public entity, triggering N.J. Stat. Ann. § 2C:52-14(d)’s bar against granting of an expungement petition, the trial court erred in vacating the expungement order it had entered in favor of the arrestee. State v. J.R.S., 398 N.J. Super. 1, 939 A.2d 226, 2008 N.J. Super. LEXIS 25 (App.Div. 2008). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-15 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-15. Disposition of records a. Except as provided in subsection b. of this section, if an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the law enforcement and criminal justice agencies which, at the time of the hearing of the petition, possess the records and shall be placed in the control of a person who has been designated by the head of each such agency. That designated person shall, except as otherwise provided in this chapter, ensure that such records or the information contained therein are not released for any reason and are not utilized or referred to for any purpose. In response to requests for information or records of the person who was arrested or convicted, all officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information. The court shall provide proof of expungement to the person whose records have been expunged or to that person’s representative. b. Records of the Probation Division of the Superior Court related to any court-ordered financial assessment that remains due at the time the court grants an expungement or sealing of records shall be transferred to the New Jersey Department of Treasury for the collection and disbursement of future payments and satisfaction of judgments in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1). The term “court-ordered financial assessment” as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the expungement or sealing order, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole authority to amend the judgment concerning the amount of any courtordered financial assessment that remains due at the time the court grants an expungement or sealing of records.
History L. 1979, c. 178, § 122; amended by 2017, c. 244, § 6, effective October 1, 2018; 2019, c. 269, § 13, effective June 15, 2020. Annotations
Notes Effective Dates Yasmine Boto
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Page 2 of 5 § 2C:52-15. Disposition of records Section 9 of L. 2017, c. 244 provides: “This act shall take effect on the first day of the tenth month next following enactment.” Chapter 244, L. 2017, was approved on Dec. 20, 2017. Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Notes 2017 amendment, by Chapter 244, redesignated the former section as a.; added “Except as provided in subsection b. of this section” at the beginning of a.; added b.; and made a stylistic change. 2019 amendment, by Chapter 269, rewrote the section.
Notes to Decisions Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Conditions Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Courts: Court Records Governments: Local Governments: Employees & Officials
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Conditions
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Until 2019, N.J.S.A. ch. 52 defined "expungement" to mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Chapter 52 directs that expunged records be placed in the control of a person designated by the head of the criminal justice or law enforcement agency in possession of the records at the time of the petition, N.J.S.A. § 2C:52-15(a), including for use by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Agencies in possession of such records are directed to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges. Ibid. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
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Page 3 of 5 § 2C:52-15. Disposition of records Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Until 2019, N.J.S.A. ch. 52 defined "expungement" to mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Chapter 52 directs that expunged records be placed in the control of a person designated by the head of the criminal justice or law enforcement agency in possession of the records at the time of the petition, N.J.S.A. § 2C:52-15(a), including for use by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Agencies in possession of such records are directed to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges. Ibid. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Postconviction Proceedings: Expungement
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The provisions of N.J. Stat. Ann. § 2C:52-15 and N.J. Stat. Ann. § 2C:52-30, by their terms, apply to arrests, convictions, and related proceedings which are the subject of the expungement order or related legal proceedingsâ i.e., criminal proceedings. An internal affairs report is not a report of an arrest or criminal conviction. Nor is it a criminal proceeding, legal or otherwise, related to an arrest or conviction. Internal affairs investigations determine whether there was a violation of agency rules, regulations, or standard operating procedures for the purpose of imposing progressive discipline, not criminal punishment. • N.J. Stat. Ann. § 2C:52-15and N.J. Stat. Ann. § 2C:52-30 require law enforcement agencies to (1) remove all criminal records specified in an expungement order from their files; (2) ensure that such records or the information contained therein about the expunged arrest, conviction, or related proceedings are not released for any reason and are not utilized or referred to for any purpose; (3) reply that there is no record information in response to a request for information or records about an expunged arrest, conviction, or related proceedings; and (4) refrain from revealing the existence of the expunged arrest, conviction, or related legal proceeding. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
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Page 4 of 5 § 2C:52-15. Disposition of records Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Until 2019, N.J.S.A. ch. 52 defined "expungement" to mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Chapter 52 directs that expunged records be placed in the control of a person designated by the head of the criminal justice or law enforcement agency in possession of the records at the time of the petition, N.J.S.A. § 2C:52-15(a), including for use by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Agencies in possession of such records are directed to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges. Ibid. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Until 2019, N.J.S.A. ch. 52 defined "expungement" to mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Chapter 52 directs that expunged records be placed in the control of a person designated by the head of the criminal justice or law enforcement agency in possession of the records at the time of the petition, N.J.S.A. § 2C:52-15(a), including for use by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Agencies in possession of such records are directed to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges. Ibid. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Governments: Courts: Court Records
Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• New Jersey's expungement statute, N.J.S.A. § 2C:52-1 to -32, is designed to eliminate the collateral consequences imposed upon otherwise law-abiding citizens who have had a minor brush with the criminal justice system. As a general rule, when a court orders expungement of criminal records, those records must be removed from the files of any government agency that is given notice of the expungement petition 156
Page 5 of 5 § 2C:52-15. Disposition of records and isolated and placed in the control of a designated person within that agency. N.J.S.A. 2C:52-15; -1(a). There are, however, a number of exceptions to this general rule. New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Governments: Local Governments: Employees & Officials
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The provisions of N.J. Stat. Ann. § 2C:52-15 and N.J. Stat. Ann. § 2C:52-30, by their terms, apply to arrests, convictions, and related proceedings which are the subject of the expungement order or related legal proceedingsâ i.e., criminal proceedings. An internal affairs report is not a report of an arrest or criminal conviction. Nor is it a criminal proceeding, legal or otherwise, related to an arrest or conviction. Internal affairs investigations determine whether there was a violation of agency rules, regulations, or standard operating procedures for the purpose of imposing progressive discipline, not criminal punishment. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
End of Document
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N.J. Stat. § 2C:52-15.1 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-15.1. Online portal to obtain expungement order status; report to Governor, Legislature a. The Division of State Police shall establish or continue to maintain, and update, as appropriate, an online portal, in the form of an Internet website, that, free of charge, allows a person who has been granted an order of expungement to ascertain the status of the electronic processing of that order by the State Bureau of Identification. b. (1) The Division of State Police shall annually submit to the Governor and Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) a report summarizing the number of expungement orders received year-to-date starting January 1 of the year being reported by expungement type, the number of expungement orders received each month by expungement type, the number of expungement orders processed year-to-date, and relevant processing timeframes. (2) The report shall be based on the calendar year. (3) The report shall be published on the official website of the Division of State Police in the Department of Law and Public Safety.
History L. 2025, c. 38, § 1, effective March 31, 2025. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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Yasmine Boto
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N.J. Stat. § 2C:52-16 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-16. Expunged record including names of persons other than petitioner Any record or file which is maintained by a judicial or law enforcement agency, or agency in the criminal justice system, which is the subject of an order of expungement which includes the name or names of persons other than that of the petitioner need not be isolated from the general files of the agency retaining same if the other persons named in said record or file have not been granted an order of expungement of said record, provided that a copy of the record shall be given to the person designated in 2C:52-15 and the original shall remain in the agency’s general files with the petitioner’s name and other personal identifiers obliterated and deleted.
History L. 1979, c. 178, § 123. Annotations
CASE NOTES
Criminal Law & Procedure: Postconviction Proceedings: Expungement Corporation which sought to expunge records relating to a criminal indictment against it that had been dismissed was considered a person for purposes of the expungement statute, N.J. Stat. Ann. § 2C:52-6(a). State v. XYZ Corp., 119 N.J. 416, 575 A.2d 423, 1990 N.J. LEXIS 69 (N.J. 1990). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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Yasmine Boto
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N.J. Stat. § 2C:52-17 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-17. Use of expunged records by agencies on pending petition for expungement Expunged records may be used by the agencies that possess same to ascertain whether a person has had prior conviction expunged, or sealed under prior law, when the agency possessing the record is noticed of a pending petition for the expungement of a conviction. Any such agency may supply information to the court wherein the motion is pending and to the other parties who are entitled to notice pursuant to 2C:52-10.
History L. 1979, c. 178, § 124. Annotations
Notes to Decisions Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Local Governments: Employees & Officials
Criminal Law & Procedure: Postconviction Proceedings: Expungement
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute contains several exceptions enumerating when expunged records may continue to be used. For example, when someone petitions to have a conviction expunged, expunged records may be used to ascertain whether the person has had prior convictions expunged. N.J.S.A. 2C:52-17. Information contained in expunged records may be supplied to the Violent Crimes Compensation Office. N.J.S.A. 2C:52-18. Expunged records may be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges. N.J.S.A. 2C:52-20. In addition, where the subject matter of the records of arrest or conviction is the object of a subsequent civil or criminal proceeding, release of the information contained in the expunged records may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. N.J.S.A. 2C:52-19. Yasmine Boto
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Page 2 of 2 § 2C:52-17. Use of expunged records by agencies on pending petition for expungement States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Governments: Local Governments: Employees & Officials
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute contains several exceptions enumerating when expunged records may continue to be used. For example, when someone petitions to have a conviction expunged, expunged records may be used to ascertain whether the person has had prior convictions expunged. N.J.S.A. 2C:52-17. Information contained in expunged records may be supplied to the Violent Crimes Compensation Office. N.J.S.A. 2C:52-18. Expunged records may be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges. N.J.S.A. 2C:52-20. In addition, where the subject matter of the records of arrest or conviction is the object of a subsequent civil or criminal proceeding, release of the information contained in the expunged records may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. N.J.S.A. 2C:52-19. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
End of Document
161
N.J. Stat. § 2C:52-18 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-18. Supplying information to Violent Crimes Compensation Office Information contained in expunged records may be supplied to the Violent Crimes Compensation Office, in conjunction with any claim which has been filed with said office.
History L. 1979, c. 178, § 125; amended by 2017, c. 244, § 7, effective October 1, 2018. Annotations
Notes Effective Dates Section 9 of L. 2017, c. 244 provides: “This act shall take effect on the first day of the tenth month next following enactment.” Chapter 244, L. 2017, was approved on Dec. 20, 2017. Amendment Notes 2017 amendment, by Chapter 244, substituted “office” for “board” twice.
Notes to Decisions Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Local Governments: Employees & Officials
Criminal Law & Procedure: Postconviction Proceedings: Expungement
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
Yasmine Boto
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Page 2 of 2 § 2C:52-18. Supplying information to Violent Crimes Compensation Office • The expungement statute contains several exceptions enumerating when expunged records may continue to be used. For example, when someone petitions to have a conviction expunged, expunged records may be used to ascertain whether the person has had prior convictions expunged. N.J.S.A. 2C:52-17. Information contained in expunged records may be supplied to the Violent Crimes Compensation Office. N.J.S.A. 2C:52-18. Expunged records may be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges. N.J.S.A. 2C:52-20. In addition, where the subject matter of the records of arrest or conviction is the object of a subsequent civil or criminal proceeding, release of the information contained in the expunged records may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. N.J.S.A. 2C:52-19. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Governments: Local Governments: Employees & Officials
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute contains several exceptions enumerating when expunged records may continue to be used. For example, when someone petitions to have a conviction expunged, expunged records may be used to ascertain whether the person has had prior convictions expunged. N.J.S.A. 2C:52-17. Information contained in expunged records may be supplied to the Violent Crimes Compensation Office. N.J.S.A. 2C:52-18. Expunged records may be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges. N.J.S.A. 2C:52-20. In addition, where the subject matter of the records of arrest or conviction is the object of a subsequent civil or criminal proceeding, release of the information contained in the expunged records may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. N.J.S.A. 2C:52-19. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
End of Document
163
N.J. Stat. § 2C:52-19 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations Inspection of the files and records, or release of the information contained therein, which are the subject of an order of expungement, or sealing under prior law, may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. The motion or any order granted pursuant thereto shall specify the person or persons to whom the records and information are to be shown and the purpose for which they are to be utilized. Leave to inspect shall be granted by the court only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. Such records may not be inspected or utilized in any subsequent civil or criminal proceeding for the purposes of impeachment or otherwise but may be used for purposes of sentencing on a subsequent offense after guilt has been established.
History L. 1979, c. 178, § 126. Annotations
CASE NOTES Administrative Law: Governmental Information: Freedom of Information: Defenses & Exemptions: Law Enforcement Records: General Overview Civil Procedure: Judicial Officers: Judges: Discretion Civil Procedure: Appeals: Standards of Review: De Novo Review Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Criminal Law & Procedure: Postconviction Proceedings: Expungement Evidence: Privileges: Government Privileges: Official Information Privilege: Reports Privilege Evidence: Procedural Considerations: Burdens of Proof: Allocation Family Law: Cohabitation: Agreements: Requirements Governments: Courts: Court Records Governments: Legislation: Interpretation Yasmine Boto
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Page 2 of 9 § 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations Governments: Local Governments: Employees & Officials Governments: State & Territorial Governments: Legislatures
Administrative Law: Governmental Information: Freedom of Information: Defenses & Exemptions: Law Enforcement Records: General Overview Where an arrestee sued the State after records of his arrest were expunged, the trial court erred in vacating its expungement order because, pursuant to N.J. Stat. Ann. § 2C:52-19, the expunged records were available to the State to satisfy discovery obligations in the civil suit. State v. J.R.S., 398 N.J. Super. 1, 939 A.2d 226, 2008 N.J. Super. LEXIS 25 (App.Div. 2008).
Civil Procedure: Judicial Officers: Judges: Discretion
Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• The familiar standard of good cause does not have a precise definition governing every setting; rather, its application requires the exercise of sound discretion in light of the facts and circumstances of the particular case considered in the context of the purposes of the statute or rule being applied. When the Legislature made good cause part of N.J.S.A. §2C:52-19's required showing, it imposed a flexible standard -- not a stringent test -- on the party seeking to use expunged records. New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Civil Procedure: Appeals: Standards of Review: De Novo Review
Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• The Supreme Court of New Jersey reviews de novo the Appellate Division's interpretation of N.J.S.A. § 2C:5219, which is a legal determination. New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records 165
Page 3 of 9 § 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). • N.J.S.A. § 2C:52-19provides the inspection or release of information contained in an expungement order may be permitted where the subject matter of the records is the object of litigation or judicial proceedings, and good cause and compelling need based on specific facts is shown. However, such records may not be inspected or utilized in any subsequent civil or criminal proceeding for the purposes of impeachment or otherwise. • As N.J.S.A. § 2C:52-19 clearly states, whether expunged records may be used should be considered on a case-by-case basis for compelling need based on specific facts and good cause shown. • There is an exception to N.J.S.A. § 2C:52-6, and that exception is found in N.J.S.A. § 2C:52-19, the catch-all provision, which empowers a court to allow certain parties access to expunged records under fact-specific circumstances. Criminal-conviction information, truthfully reported, is civilly actionable when the conviction is the subject of an expungement order. Even after the entry of a judgment of expungement, expunged records remain available for certain limited purposes, including to satisfy discovery obligations in a civil suit. The expungement statute does not transmute a once-true fact into a falsehood. It does not require the excision of records from the historical archives of newspapers or bound volumes of reported decisions or a personal diary. It cannot banish memories. Although the expungement statute generally permits a person whose record has been expunged to misrepresent his past, it does not alter the metaphysical truth of his past, nor does it impose a regime of silence on those who know the truth. • The plain language of N.J.S.A. § 2C:52-19 is clear: while unlimited use in subsequent matters is not permitted, in certain situations, expunged records may be utilized upon a showing of good cause. • N.J.S.A. § 2C:52-19permits the inspection of expunged records if the Superior Court finds good cause shown and compelling need based on specific facts, and only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. Although the expungement statute relieves a prior offender of some civil disabilities, it does not extinguish the truth. New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Criminal Law & Procedure: Postconviction Proceedings: Expungement
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b). 166
Page 4 of 9 § 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations
• The expungement statute contains several exceptions enumerating when expunged records may continue to be used. For example, when someone petitions to have a conviction expunged, expunged records may be used to ascertain whether the person has had prior convictions expunged. N.J.S.A. 2C:52-17. Information contained in expunged records may be supplied to the Violent Crimes Compensation Office. N.J.S.A. 2C:52-18. Expunged records may be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges. N.J.S.A. 2C:52-20. In addition, where the subject matter of the records of arrest or conviction is the object of a subsequent civil or criminal proceeding, release of the information contained in the expunged records may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. N.J.S.A. 2C:52-19. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Where an arrestee sued the State after records of his arrest were expunged, the trial court erred in vacating its expungement order because, pursuant to N.J. Stat. Ann. § 2C:52-19, the expunged records were available to the State to satisfy discovery obligations in the civil suit. State v. J.R.S., 398 N.J. Super. 1, 939 A.2d 226, 2008 N.J. Super. LEXIS 25 (App.Div. 2008). Under N.J. Stat. Ann. § 14A:12-6(1)(c), the New Jersey Attorney General may bring an action in the Superior Court for the dissolution of a corporation upon the ground that the corporation has repeatedly conducted its business in an unlawful manner, and N.J. Stat. Ann. § 2C:52-19 provides for the inspection and release of expunged records by permission of the Superior Court upon motion for good cause shown and compelling need based on specific facts where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings; expunging the indictment of a corporation, therefore, does not preclude the Attorney General from using it in an appropriate case. State v. XYZ Corp., 119 N.J. 416, 575 A.2d 423, 1990 N.J. LEXIS 69 (N.J. 1990). Trial court erred in expunging defendant’s arrest and conviction for second-degree murder after defendant had been retried and found not guilty by reason of insanity, committed and released after she had been restored to sanity; former N.J. Stat. Ann. §§ 2A:85-17(a) and former N.J. Stat. Ann. § 2A:85-18(a) (now N.J. Stat. Ann. § 2C:52-19) only permitted sealing of the record where the prosecution objected to the petition. State v. E.B.R., 139 N.J. Super. 166, 353 A.2d 118, 1976 N.J. Super. LEXIS 968 (App.Div. 1976). Pursuant to former N.J. Stat. Ann. § 2A:85-18 (now N.J. Stat. Ann. § 2C:52-19), even absent grounds to deny defendants’ application for expungement, the court was limited to an order directing defendant’s arrest records be sealed and not subject to inspection except by court order because attorney general objected to expungement. State v. San Vito, 133 N.J. Super. 508, 337 A.2d 624, 1975 N.J. Super. LEXIS 846 (App.Div. 1975). Pursuant to former N.J. Stat. Ann. § 2A:85-15, any objection by law enforcement agencies to the expungement of criminal records pursuant to former N.J. Stat. Ann. § 2A:85-17(b) or sealing of records pursuant to former N.J. Stat. Ann. § 85-18(b) (now N.J. Stat. Ann. § 2C:52-19), must be material to the necessities of law enforcement. State v. San Vito, 129 N.J. Super. 185, 322 A.2d 509, 1974 N.J. Super. LEXIS 591 (Law Div. 1974), rev'd, 133 N.J. Super. 508, 337 A.2d 624, 1975 N.J. Super. LEXIS 846 (App.Div. 1975).
Evidence: Privileges: Government Privileges: Official Information Privilege: Reports Privilege
Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good 167
Page 5 of 9 § 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• N.J.S.A. § 2C:52-19requires that the motion or any order granted pursuant to the motion shall specify the person or persons to whom the records and information are to be shown and the purpose for which they are to be utilized. New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Evidence: Procedural Considerations: Burdens of Proof: Allocation
Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• The Legislature imposed on the movant the burden to make two distinct showings in order to review or use expunged records: a showing of good cause and a showing of compelling need based on specific facts. N.J.S.A. § 2C:52-19. • If the movant shows good cause and compelling need based on specific facts and meets the statute's other requirements, the court may authorize the use of the expunged documents either to support an affirmative claim or to defend against a claim. N.J.S.A. § 2C:52-19. New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Family Law: Cohabitation: Agreements: Requirements
Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• N.J.S.A. § 2C:52-19permits the inspection of expunged records if the Superior Court finds good cause shown and compelling need based on specific facts, and only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. • N.J.S.A. § 2C:52-19's final sentence clearly addresses a future proceeding distinct from the pending proceeding for which the movant seeks the expunged records. • N.J.S.A. § 2C:52-19requires that the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. 168
Page 6 of 9 § 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• N.J.S.A. § 2C:52-19provides the inspection or release of information contained in an expungement order may be permitted where the subject matter of the records is the object of litigation or judicial proceedings, and good cause and compelling need based on specific facts is shown. However, such records may not be inspected or utilized in any subsequent civil or criminal proceeding for the purposes of impeachment or otherwise. New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Governments: Courts: Court Records
Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• N.J.S.A. 2C:52-19authorizes a Superior Court judge to allow inspection of expunged records or release of information contained in those records upon motion for good cause shown and compelling need based on specific facts, but only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. • N.J.S.A. § 2C:52-19prescribes an exception to the expungement of criminal files and records, including those expunged pursuant to N.J.S.A. § 2C:52-6(a). • The statutory requirement of compelling need based on specific facts denotes an elevated standard; it requires more than the fundamental benchmark of good cause. N.J.S.A. § 2C:52-19. When the Legislature implemented that standard, it clearly intended that the movant present more than a conclusory assertion that the expunged criminal records could be relevant to the matter currently in litigation. By its plain terms, the statute requires the movant to explain in detail why categories of documents or information that may be among the expunged records are needed in the pending case. When the movant has been given access to the expunged records, a trial court should expect that showing to be more detailed than a showing made in a typical setting in which the movant is unfamiliar with the records. • The statutory restrictions plainly reflect the Legislature's concern about unfettered disclosure of expunged records; the records are to be used only in the action that is the subject of the application, under conditions imposed by the trial court overseeing the proceeding. N.J.S.A. § 2C:52-19. • The Legislature further constrained the disclosure and use of expunged records and information by limiting a court's ability to grant leave to inspect expunged materials to settings in which the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. The movant must thus 169
Page 7 of 9 § 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations provide the court with a description of the alleged conduct or incident that led to the arrest and/or conviction of the person whose records were expunged and also explain the nexus between that conduct or incident and the litigation or judicial proceedings in which the movant seeks to use the expunged records. N.J.S.A. § 2C:52-19. • The Legislature prescribed an exception to the expungement statute authorizing the disclosure and use of expunged records and information upon a showing of good cause and compelling need based on specific facts, limited to settings in which the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. N.J.S.A. § 2C:52-19. Consistent with the expungement statute's restorative goals, the Legislature required the movant to identify any person to whom the records and information will be shown and the purpose for which they will be utilized, envisioned that the court will carefully monitor the use of expunged material in the litigation or judicial proceedings, and strictly limited the use of such records and information in any subsequent civil or criminal proceeding. N.J.S.A. § 2C:5219. New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). • There is an exception to N.J.S.A. § 2C:52-6, and that exception is found in N.J.S.A. § 2C:52-19, the catch-all provision, which empowers a court to allow certain parties access to expunged records under fact-specific circumstances. Criminal-conviction information, truthfully reported, is civilly actionable when the conviction is the subject of an expungement order. Even after the entry of a judgment of expungement, expunged records remain available for certain limited purposes, including to satisfy discovery obligations in a civil suit. The expungement statute does not transmute a once-true fact into a falsehood. It does not require the excision of records from the historical archives of newspapers or bound volumes of reported decisions or a personal diary. It cannot banish memories. Although the expungement statute generally permits a person whose record has been expunged to misrepresent his past, it does not alter the metaphysical truth of his past, nor does it impose a regime of silence on those who know the truth. • N.J.S.A. § 2C:52-19permits the inspection of expunged records if the Superior Court finds good cause shown and compelling need based on specific facts, and only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. Although the expungement statute relieves a prior offender of some civil disabilities, it does not extinguish the truth. • Pursuant to N.J.S.A. § 2C:52-19, expunged records may be accessed in certain situations and may be used at trial to establish facts. • N.J.S.A. § 2C:52-19provides the Superior Court may order inspection, but does not limit the exercise of this discretion to the Criminal Part.
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Page 8 of 9 § 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Governments: Legislation: Interpretation
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• The plain language of N.J.S.A. § 2C:52-19 is clear: while unlimited use in subsequent matters is not permitted, in certain situations, expunged records may be utilized upon a showing of good cause. • Incongruous interpretations are at odds with the first principle of construction, to read statutes in a commonsense manner, as directed by the Legislature. N.J.S.A. § 1:1-1. In keeping with standard canons of statutory construction, it is not the general rule, but rather the exceptions that are to be construed narrowly. Most narrowly construed, N.J.S.A. § 2C:52-19 affords trial courts discretion to release expunged records for good cause shown and compelling need demonstrated by specific facts. New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Governments: Local Governments: Employees & Officials
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute contains several exceptions enumerating when expunged records may continue to be used. For example, when someone petitions to have a conviction expunged, expunged records may be used to ascertain whether the person has had prior convictions expunged. N.J.S.A. 2C:52-17. Information contained in expunged records may be supplied to the Violent Crimes Compensation Office. N.J.S.A. 2C:52-18. Expunged records may be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges. N.J.S.A. 2C:52-20. In addition, where the subject matter of the records of arrest or conviction is the object of a subsequent civil or criminal proceeding, release of the information contained in the expunged records may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. N.J.S.A. 2C:52-19. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
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Page 9 of 9 § 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations Governments: State & Territorial Governments: Legislatures
Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• The Legislature strictly limited the use and dissemination of any expunged records subject to an order entered under N.J.S.A. § 2C:52-19. It required that the movant specify the person or persons to whom the records and information are to be shown and the purpose for which they are to be utilized," thus authorizing the court to limit the scope of that disclosure or use. N.J.S.A. § 2C:52-19. The Legislature also prohibited the inspection or utilization of such records in any subsequent civil or criminal proceeding for the purposes of impeachment or otherwise, with the exception of their use for purposes of sentencing on a subsequent offense after guilt has been established. § 2C:52-19. New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
End of Document
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N.J. Stat. § 2C:52-20 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs Expunged records may be used by the court in determining whether to grant or deny the person’s application for acceptance into a supervisory treatment or diversion program for subsequent charges. Any expunged records which are possessed by any law enforcement agency may be supplied to the Attorney General, any county prosecutor, or court of this State when same are requested and are to be used for the purpose of determining whether or not to accept a person into a supervisory treatment or diversion program for subsequent charges.
History L. 1979, c. 178, § 127; amended by 2015, c. 261, § 5, effective April 18, 2016. Annotations
Notes Effective Dates Section 10 of L. 2015, c. 261 provides: “This act shall take effect on the 90th day following enactment.” Chapter 261, L. 2015, was approved on Jan. 19, 2016. Amendment Notes 2015 amendment, by Chapter 261, substituted “the court” for “any judge” in the first sentence; substituted “court” for “judge” in the second sentence; and made a stylistic change.
Notes to Decisions Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Substance Schedules: Hashish & Marijuana Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: Disorderly Conduct & Disturbing the Peace: Elements Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: Disorderly Conduct & Disturbing the Peace: Penalties Yasmine Boto
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Page 2 of 10 § 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Conditions Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Eligibility Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Criminal Law & Procedure: Bail: Hearings Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Courts: Court Records Governments: Legislation: Effect & Operation: Amendments Governments: Local Governments: Employees & Officials
Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Substance Schedules: Hashish & Marijuana
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The 2013 amendments to N.J.S.A. § 2C:43-12(g) explained that a person who has participated in conditional discharge will also not be eligible for pretrial intervention (PTI). That clearly expressed legislative intent cannot be ignored. When the Legislature enacted N.J.S.A. § 2C:52-6.1, ordering the expungement of any case that included any disorderly persons offense or petty disorderly persons offense subject to conditional discharge for marijuana offenses, it created a different procedure for underage persons found in possession of cannabis, including the issuance of warnings and write ups for infractions, N.J.S.A. § 2C:3315(a)(1). Notably, warnings and write ups for underage persons shall be destroyed or permanently deleted, and shall not be considered with respect to any eligibility or decision for diversion or discharge, N.J.S.A. § 2C:33-15(a)(6)(b). Unlike expunged records, the effect of directing the destruction of records for underage persons is that the records will not be placed in the AOC's supervisory treatment index, N.J.S.A. § 2C:4321(d), for potential use in evaluating future PTI applications, N.J.S.A. § 2C:52-20. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: Disorderly Conduct & Disturbing the Peace: Elements
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The 2013 amendments to N.J.S.A. § 2C:43-12(g) explained that a person who has participated in conditional discharge will also not be eligible for pretrial intervention (PTI). That clearly expressed legislative intent cannot be ignored. When the Legislature enacted N.J.S.A. § 2C:52-6.1, ordering the expungement of any 174
Page 3 of 10 § 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs case that included any disorderly persons offense or petty disorderly persons offense subject to conditional discharge for marijuana offenses, it created a different procedure for underage persons found in possession of cannabis, including the issuance of warnings and write ups for infractions, N.J.S.A. § 2C:3315(a)(1). Notably, warnings and write ups for underage persons shall be destroyed or permanently deleted, and shall not be considered with respect to any eligibility or decision for diversion or discharge, N.J.S.A. § 2C:33-15(a)(6)(b). Unlike expunged records, the effect of directing the destruction of records for underage persons is that the records will not be placed in the AOC's supervisory treatment index, N.J.S.A. § 2C:4321(d), for potential use in evaluating future PTI applications, N.J.S.A. § 2C:52-20. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: Disorderly Conduct & Disturbing the Peace: Penalties
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The 2013 amendments to N.J.S.A. § 2C:43-12(g) explained that a person who has participated in conditional discharge will also not be eligible for pretrial intervention (PTI). That clearly expressed legislative intent cannot be ignored. When the Legislature enacted N.J.S.A. § 2C:52-6.1, ordering the expungement of any case that included any disorderly persons offense or petty disorderly persons offense subject to conditional discharge for marijuana offenses, it created a different procedure for underage persons found in possession of cannabis, including the issuance of warnings and write ups for infractions, N.J.S.A. § 2C:3315(a)(1). Notably, warnings and write ups for underage persons shall be destroyed or permanently deleted, and shall not be considered with respect to any eligibility or decision for diversion or discharge, N.J.S.A. § 2C:33-15(a)(6)(b). Unlike expunged records, the effect of directing the destruction of records for underage persons is that the records will not be placed in the AOC's supervisory treatment index, N.J.S.A. § 2C:4321(d), for potential use in evaluating future PTI applications, N.J.S.A. § 2C:52-20. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Conditions
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Until 2019, N.J.S.A. ch. 52 defined "expungement" to mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Chapter 52 directs that expunged records be placed in the control of a person designated by the head of the criminal justice or law enforcement agency in possession of the records at the time of the petition, N.J.S.A. § 2C:52-15(a), including for use by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent 175
Page 4 of 10 § 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs charges, N.J.S.A. § 2C:52-20. Agencies in possession of such records are directed to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges. Ibid. • The expungement statute also cross-references the pretrial intervention (PTI) statute, and permits expunged records to be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, and to allow agencies in possession of such records to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Following expungement, defendants may answer any questions concerning previously expunged arrests as if they had not occurred, except when applying to PTI or any other diversion program, in which case defendants must disclose the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program, N.J.S.A. § 2C:52-27(b). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges
Overview: Persons who received pre-Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) conditional discharges for specified marijuana offenses were no longer categorically precluded from future admission into pretrial intervention. • The general expungement statute contains the permissive term may, in authorizing that expunged records may be used in determining whether to grant or deny a person's application for acceptance into a supervisory treatment or diversion program, and that such expunged records may be supplied to prosecuting authorities or the courts in making such determinations. N.J.S.A. § 2C:52-20. The expungement statute does not state that expunged records must or shall be used for that purpose. Unlike its use of permissive language with respect to diversionary programs, however, before the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, the Legislature required that expunged records of all prior arrests or convictions shall be provided to any court, prosecutor, probation division, or pretrial services agency for use in the particular context of a bail hearing or pretrial release determination in Section 21 of the expungement statute. N.J.S.A. § 2C:52-21. State v. Gomes, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Until 2019, N.J.S.A. ch. 52 defined "expungement" to mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Chapter 52 directs that expunged records be placed in the control of a person designated by the head of the criminal justice or law enforcement agency in possession of the records at the time of the petition, N.J.S.A. § 2C:52-15(a), including for use by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Agencies in possession of such records are directed to use them for the 176
Page 5 of 10 § 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges. Ibid. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Until 2019, N.J.S.A. ch. 52 defined "expungement" to mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Chapter 52 directs that expunged records be placed in the control of a person designated by the head of the criminal justice or law enforcement agency in possession of the records at the time of the petition, N.J.S.A. § 2C:52-15(a), including for use by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Agencies in possession of such records are directed to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges. Ibid. • The expungement statute also cross-references the pretrial intervention (PTI) statute, and permits expunged records to be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, and to allow agencies in possession of such records to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Following expungement, defendants may answer any questions concerning previously expunged arrests as if they had not occurred, except when applying to PTI or any other diversion program, in which case defendants must disclose the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program, N.J.S.A. § 2C:52-27(b). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Eligibility
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The expungement statute also cross-references the pretrial intervention (PTI) statute, and permits expunged records to be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, and to allow agencies in possession of such records to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Following expungement, defendants may answer any questions concerning previously expunged arrests as if they had not occurred, except when applying to PTI or any other diversion program, in which case defendants must disclose the fact of an expungement of prior charges dismissed because of 177
Page 6 of 10 § 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs the person's acceptance into and successful completion of a supervisory treatment or other diversion program, N.J.S.A. § 2C:52-27(b). • The 2013 amendments to N.J.S.A. § 2C:43-12(g) explained that a person who has participated in conditional discharge will also not be eligible for pretrial intervention (PTI). That clearly expressed legislative intent cannot be ignored. When the Legislature enacted N.J.S.A. § 2C:52-6.1, ordering the expungement of any case that included any disorderly persons offense or petty disorderly persons offense subject to conditional discharge for marijuana offenses, it created a different procedure for underage persons found in possession of cannabis, including the issuance of warnings and write ups for infractions, N.J.S.A. § 2C:3315(a)(1). Notably, warnings and write ups for underage persons shall be destroyed or permanently deleted, and shall not be considered with respect to any eligibility or decision for diversion or discharge, N.J.S.A. § 2C:33-15(a)(6)(b). Unlike expunged records, the effect of directing the destruction of records for underage persons is that the records will not be placed in the AOC's supervisory treatment index, N.J.S.A. § 2C:4321(d), for potential use in evaluating future PTI applications, N.J.S.A. § 2C:52-20. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Criminal Law & Procedure: Bail: Hearings
Overview: Persons who received pre-Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) conditional discharges for specified marijuana offenses were no longer categorically precluded from future admission into pretrial intervention. • The general expungement statute contains the permissive term may, in authorizing that expunged records may be used in determining whether to grant or deny a person's application for acceptance into a supervisory treatment or diversion program, and that such expunged records may be supplied to prosecuting authorities or the courts in making such determinations. N.J.S.A. § 2C:52-20. The expungement statute does not state that expunged records must or shall be used for that purpose. Unlike 178
Page 7 of 10 § 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs its use of permissive language with respect to diversionary programs, however, before the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, the Legislature required that expunged records of all prior arrests or convictions shall be provided to any court, prosecutor, probation division, or pretrial services agency for use in the particular context of a bail hearing or pretrial release determination in Section 21 of the expungement statute. N.J.S.A. § 2C:52-21. State v. Gomes, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Postconviction Proceedings: Expungement
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute contains several exceptions enumerating when expunged records may continue to be used. For example, when someone petitions to have a conviction expunged, expunged records may be used to ascertain whether the person has had prior convictions expunged. N.J.S.A. 2C:52-17. Information contained in expunged records may be supplied to the Violent Crimes Compensation Office. N.J.S.A. 2C:52-18. Expunged records may be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges. N.J.S.A. 2C:52-20. In addition, where the subject matter of the records of arrest or conviction is the object of a subsequent civil or criminal proceeding, release of the information contained in the expunged records may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. N.J.S.A. 2C:52-19. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Overview: Persons who received pre-Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) conditional discharges for specified marijuana offenses were no longer categorically precluded from future admission into pretrial intervention. • The general expungement statute contains the permissive term may, in authorizing that expunged records may be used in determining whether to grant or deny a person's application for acceptance into a supervisory treatment or diversion program, and that such expunged records may be supplied to prosecuting authorities or the courts in making such determinations. N.J.S.A. § 2C:52-20. The expungement statute does not state that expunged records must or shall be used for that purpose. Unlike its use of permissive language with respect to diversionary programs, however, before the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, the Legislature required that expunged records of all prior arrests or convictions shall be provided to any court, prosecutor, probation division, or pretrial services agency for use in the particular context of a bail hearing or pretrial release determination in Section 21 of the expungement statute. N.J.S.A. § 2C:52-21. State v. Gomes, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
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Page 8 of 10 § 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Until 2019, N.J.S.A. ch. 52 defined "expungement" to mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Chapter 52 directs that expunged records be placed in the control of a person designated by the head of the criminal justice or law enforcement agency in possession of the records at the time of the petition, N.J.S.A. § 2C:52-15(a), including for use by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Agencies in possession of such records are directed to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges. Ibid. • The expungement statute also cross-references the pretrial intervention (PTI) statute, and permits expunged records to be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, and to allow agencies in possession of such records to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Following expungement, defendants may answer any questions concerning previously expunged arrests as if they had not occurred, except when applying to PTI or any other diversion program, in which case defendants must disclose the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program, N.J.S.A. § 2C:52-27(b). • The 2013 amendments to N.J.S.A. § 2C:43-12(g) explained that a person who has participated in conditional discharge will also not be eligible for pretrial intervention (PTI). That clearly expressed legislative intent cannot be ignored. When the Legislature enacted N.J.S.A. § 2C:52-6.1, ordering the expungement of any case that included any disorderly persons offense or petty disorderly persons offense subject to conditional discharge for marijuana offenses, it created a different procedure for underage persons found in possession of cannabis, including the issuance of warnings and write ups for infractions, N.J.S.A. § 2C:3315(a)(1). Notably, warnings and write ups for underage persons shall be destroyed or permanently deleted, and shall not be considered with respect to any eligibility or decision for diversion or discharge, N.J.S.A. § 2C:33-15(a)(6)(b). Unlike expunged records, the effect of directing the destruction of records for underage persons is that the records will not be placed in the AOC's supervisory treatment index, N.J.S.A. § 2C:4321(d), for potential use in evaluating future PTI applications, N.J.S.A. § 2C:52-20. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Governments: Courts: Court Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and 180
Page 9 of 10 § 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Governments: Legislation: Effect & Operation: Amendments
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • If the Legislature intended to repeal or amend, N.J.S.A. § 2C:43-12(g)(1), N.J.S.A. §2C:43-21(d), N.J.S.A. § 2C:52-20, N.J.S.A. § 2C:52-27(b), or overrule R. 3:28-1(c)(1) and - 5(a), it would have done so. The appellate court's review of the relevant statutes and legislative history shows no clear and compelling evidence of that intent. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Governments: Local Governments: Employees & Officials
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute contains several exceptions enumerating when expunged records may continue to be used. For example, when someone petitions to have a conviction expunged, expunged records may be used to ascertain whether the person has had prior convictions expunged. N.J.S.A. 2C:52-17. Information contained in expunged records may be supplied to the Violent Crimes Compensation Office. N.J.S.A. 2C:52-18. Expunged records may be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges. N.J.S.A. 2C:52-20. In addition, where the subject matter of the records of arrest or conviction is the object of a subsequent civil or criminal proceeding, release of the information contained in the expunged records may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. N.J.S.A. 2C:52-19. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
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Page 10 of 10 § 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs
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N.J. Stat. § 2C:52-21 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-21. Use of expunged records in conjunction with setting bail or authorizing pretrial release, presentence report, or sentencing Expunged records, or sealed records under prior law, of prior arrests or convictions shall be provided to any court, county prosecutor, the Probation Division of the Superior Court, the pretrial services agency, or the Attorney General when same are requested for use in conjunction with a bail hearing, pretrial release determination pursuant to sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.), for the preparation of a presentence report, or for purpose of sentencing.
History L. 1979, c. 178, § 128; amended by 2015, c. 261, § 6, effective April 18, 2016. Annotations
Notes Effective Dates Section 10 of L. 2015, c. 261 provides: “This act shall take effect on the 90th day following enactment.” Chapter 261, L. 2015, was approved on Jan. 19, 2016. Amendment Notes 2015 amendment, by Chapter 261, inserted “or Authorizing Pretrial Release” in the section heading; substituted “any court” for “any judge”; substituted “the Probation Division of the Superior Court, the pretrial services agency” for “probation department”; substituted “pretrial release determination pursuant to sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.)” for “or”; and made stylistic changes.
Notes to Decisions Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Criminal Law & Procedure: Bail: Conditions of Release Criminal Law & Procedure: Bail: Hearings Yasmine Boto
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Page 2 of 4 § 2C:52-21. Use of expunged records in conjunction with setting bail or authorizing pretrial release, presentence report, or sentencing Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Courts: Court Records
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges
Overview: Persons who received pre-Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) conditional discharges for specified marijuana offenses were no longer categorically precluded from future admission into pretrial intervention. • The general expungement statute contains the permissive term may, in authorizing that expunged records may be used in determining whether to grant or deny a person's application for acceptance into a supervisory treatment or diversion program, and that such expunged records may be supplied to prosecuting authorities or the courts in making such determinations. N.J.S.A. § 2C:52-20. The expungement statute does not state that expunged records must or shall be used for that purpose. Unlike its use of permissive language with respect to diversionary programs, however, before the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, the Legislature required that expunged records of all prior arrests or convictions shall be provided to any court, prosecutor, probation division, or pretrial services agency for use in the particular context of a bail hearing or pretrial release determination in Section 21 of the expungement statute. N.J.S.A. § 2C:52-21. State v. Gomes, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Criminal Law & Procedure: Bail: Conditions of Release
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Page 3 of 4 § 2C:52-21. Use of expunged records in conjunction with setting bail or authorizing pretrial release, presentence report, or sentencing Overview: Persons who received pre-Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) conditional discharges for specified marijuana offenses were no longer categorically precluded from future admission into pretrial intervention. • Expunged records of prior arrests or convictions shall be provided to any court, county prosecutor, the Probation Division of the Superior Court, the pretrial services agency, or the Attorney General to assist in making bail and pretrial release determinations. N.J.S.A. § 2C:52-21. Such use of those records is consistent with the wide array of factors that normally may be considered by courts in such custodial determinations, including the defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearances. N.J.S.A. § 2A:162-20(c)(1). State v. Gomes, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Bail: Hearings
Overview: Persons who received pre-Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) conditional discharges for specified marijuana offenses were no longer categorically precluded from future admission into pretrial intervention. • Expunged records of prior arrests or convictions shall be provided to any court, county prosecutor, the Probation Division of the Superior Court, the pretrial services agency, or the Attorney General to assist in making bail and pretrial release determinations. N.J.S.A. § 2C:52-21. Such use of those records is consistent with the wide array of factors that normally may be considered by courts in such custodial determinations, including the defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearances. N.J.S.A. § 2A:162-20(c)(1). • The general expungement statute contains the permissive term may, in authorizing that expunged records may be used in determining whether to grant or deny a person's application for acceptance into a supervisory treatment or diversion program, and that such expunged records may be supplied to prosecuting authorities or the courts in making such determinations. N.J.S.A. § 2C:52-20. The expungement statute does not state that expunged records must or shall be used for that purpose. Unlike its use of permissive language with respect to diversionary programs, however, before the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, the Legislature required that expunged records of all prior arrests or convictions shall be provided to any court, prosecutor, probation division, or pretrial services agency for use in the particular context of a bail hearing or pretrial release determination in Section 21 of the expungement statute. N.J.S.A. § 2C:52-21. State v. Gomes, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Postconviction Proceedings: Expungement
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Page 4 of 4 § 2C:52-21. Use of expunged records in conjunction with setting bail or authorizing pretrial release, presentence report, or sentencing Overview: Persons who received pre-Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) conditional discharges for specified marijuana offenses were no longer categorically precluded from future admission into pretrial intervention. • The general expungement statute contains the permissive term may, in authorizing that expunged records may be used in determining whether to grant or deny a person's application for acceptance into a supervisory treatment or diversion program, and that such expunged records may be supplied to prosecuting authorities or the courts in making such determinations. N.J.S.A. § 2C:52-20. The expungement statute does not state that expunged records must or shall be used for that purpose. Unlike its use of permissive language with respect to diversionary programs, however, before the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, the Legislature required that expunged records of all prior arrests or convictions shall be provided to any court, prosecutor, probation division, or pretrial services agency for use in the particular context of a bail hearing or pretrial release determination in Section 21 of the expungement statute. N.J.S.A. § 2C:52-21. State v. Gomes, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Governments: Courts: Court Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-22 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-22. Use of expunged records by parole board Expunged records, or sealed records under prior law, of prior disorderly persons, petty disorderly persons and criminal convictions shall be provided to the Parole Board when same are requested for the purpose of evaluating the granting of parole to the person who is the subject of said records. Such sealed or expunged records may be used by the Parole Board in the same manner and given the same weight in its considerations as if the records had not been expunged or sealed.
History L. 1979, c. 178, § 129. Annotations
Notes to Decisions Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Governments: Courts: Court Records
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024). Yasmine Boto
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Page 2 of 2 § 2C:52-22. Use of expunged records by parole board
Governments: Courts: Court Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-23 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-23. Use of expunged records by department of corrections Expunged records, and records sealed under prior law, shall be provided to the Department of Corrections for its use solely in the classification, evaluation and assignment to correctional and penal institutions of persons placed in its custody.
History L. 1979, c. 178, § 130. Annotations
Notes to Decisions Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Governments: Courts: Court Records
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Yasmine Boto
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Page 2 of 2 § 2C:52-23. Use of expunged records by department of corrections Governments: Courts: Court Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-23.1 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-23.1. Use of expunged, sealed records a. Notwithstanding any provision in this act to the contrary, expunged or sealed records may be used to facilitate the State Treasurer’s collection of any court-ordered financial assessments that remain due at the time an expungement or sealing of records is granted by the court. The term “court-ordered financial assessment” as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the expungement or sealing order, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. Information regarding the nature of such financial assessments or their derivation from expunged or sealed records shall not be disclosed to the public. Any record of a civil judgment for the unpaid portion of any court-ordered financial assessment that may be docketed after the court has granted an expungement or sealing of records shall be entered in the name of the Treasurer, State of New Jersey. The State Treasurer shall thereafter administer such judgments without disclosure of any information related to the underlying nature of the assessments. b. (Deleted by amendment, P.L.2019, c.269)
History L. 2017, c. 244, § 8, effective October 1, 2018; amended by 2019, c. 269, § 14, effective June 15, 2020. Annotations
Notes Effective Dates Section 9 of L. 2017, c. 244 provides: “This act shall take effect on the first day of the tenth month next following enactment.” Chapter 244, L. 2017, was approved on Dec. 20, 2017. Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Notes Yasmine Boto
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Page 2 of 3 § 2C:52-23.1. Use of expunged, sealed records 2019 amendment, by Chapter 269, rewrote the section.
Notes to Decisions Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Governments: Courts: Court Records
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Governments: Courts: Court Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
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LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-24 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-24. County prosecutor’s obligation to ascertain propriety of petition Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein any petition for expungement is filed to verify the accuracy of the allegations contained in the petition for expungement and to bring to the court’s attention any facts which may be a bar to, or which may make inappropriate the granting of, such relief. If no disabling, adverse or relevant information is ascertained other than that as included in the petitioner’s affidavit, such facts shall be communicated by the prosecutor to the court.
History
L. 1979, c. 178, § 131; amended by 2015, c. 261, § 7, effective April 18, 2016. Annotations
Notes
Effective Dates Section 10 of L. 2015, c. 261 provides: “This act shall take effect on the 90th day following enactment.” Chapter 261, L. 2015, was approved on Jan. 19, 2016. Amendment Notes 2015 amendment, by Chapter 261, substituted “court” for “hearing judge” in the second sentence. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-25 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-25. Retroactive application This chapter shall apply to arrests and convictions which occurred prior to, and which occur subsequent to, the effective date of this act.
History L. 1979, c. 178, § 132. Annotations
Notes
Effective Dates Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-26 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-26. Vacating of orders of sealing; time; basis If, within 5 years of the entry of an expungement order, any party to whom notice is required to be given pursuant to section 2C:52-10 notifies the court which issued the order that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person to whom the court granted such order, which charges were not revealed to the court at the time of hearing of the original motion or that there was some other statutory disqualification, said court shall vacate the expungement order in question and reconsider the original motion in conjunction with the previously undisclosed information.
History L. 1979, c. 178, § 133. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-27 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-27. Effect of expungement Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows: a. The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:528 b. b. The fact of an expungement of prior charges which were dismissed because of the person’s acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any court that is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; and c. Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law.
History L. 1979, c. 178, § 134; amended by L. 1981, c. 290, § 45; 2015, c. 261, § 8, effective April 18, 2016. Annotations
Notes Effective Dates Section 10 of L. 2015, c. 261 provides: “This act shall take effect on the 90th day following enactment.” Chapter 261, L. 2015, was approved on Jan. 19, 2016. Amendment Notes 2015 amendment, by Chapter 261, substituted “court that” for “judge who” in b.
CASE NOTES Administrative Law: Governmental Information: Personal Information: General Overview Constitutional Law: Bill of Rights: Fundamental Freedoms: Freedom of Speech: Scope of Freedom Yasmine Boto
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Page 2 of 10 § 2C:52-27. Effect of expungement Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Abuse of Public Office: General Overview Criminal Law & Procedure: Arrests: General Overview Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Conditions Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Eligibility Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Criminal Law & Procedure: Guilty Pleas: Enforcement of Plea Agreements Criminal Law & Procedure: Postconviction Proceedings: Expungement Evidence: Privileges: Government Privileges: Official Information Privilege: Reports Privilege Governments: Courts: Court Records Governments: Legislation: Effect & Operation: Amendments Governments: Legislation: Interpretation Governments: Local Governments: Employees & Officials Labor & Employment Law: Discrimination: Actionable Discrimination Torts: Intentional Torts: Defamation: Defenses: Truth Torts: Intentional Torts: Invasion of Privacy: Defenses
Administrative Law: Governmental Information: Personal Information: General Overview Appellant’s name could not be kept off the list of eligibles for police officer for failing to present “evidence of rehabilitation” after his arrest record had been expunged because the New Jersey Merit System Board had not considered the impact of the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Constitutional Law: Bill of Rights: Fundamental Freedoms: Freedom of Speech: Scope of Freedom Where plaintiff sued defendants for disseminating campaign flyers reporting about his criminal conviction, defendants were entitled to assert truth as a defense to the defamation and other related tort actions, even though plaintiff’s conviction was subject to an expungement order, because while such an order relieves a prior offender of some civil disabilities, it does not extinguish the truth; and as plaintiff failed to establish that the flyers were not substantially accurate, defendants were entitled to summary judgment. G.D. v. Kenny, 205 N.J. 275, 15 A.3d 300, 2011 N.J. LEXIS 87 (N.J. 2011).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Abuse of Public Office: General Overview Where, more than 10 years following the completion of his sentence of imprisonment and parole, a private citizen who was an accomplice to criminal activities committed by a public official pled guilty to a number of crimes directly 198
Page 3 of 10 § 2C:52-27. Effect of expungement related to the operation of his waste disposal business, including aiding and abetting official misconduct of a public official in violation of N.J. Stat. Ann. § 2C:30-2, applied for expungement of his record of convictions, which, under N.J. Stat. Ann. § 2C:52-27, would have deemed them not to have occurred, the third paragraph of N.J. Stat. Ann. § 2C:52-2(b), which listed the bar against expungement to public officials, construed in accordance with N.J. Stat. Ann. § 2C:52-32, only applied to those holding a public office, position, or employment, and accordingly the applicant was not barred from seeking expungement. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003).
Criminal Law & Procedure: Arrests: General Overview Appellant’s name could not be kept off the list of eligibles for police officer for failing to present “evidence of rehabilitation” after his arrest record had been expunged because the New Jersey Merit System Board had not considered the impact of the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Conditions
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Despite the myriad of potential uses of expunged records, the effect of an expungement is that unless otherwise provided by law the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except in three instances, N.J.S.A. § 2C:52-27. One exception mandates disclosure of the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program to any court determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges, N.J.S.A. § 2C:52-27(b). • The expungement statute also cross-references the pretrial intervention (PTI) statute, and permits expunged records to be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, and to allow agencies in possession of such records to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Following expungement, defendants may answer any questions concerning previously expunged arrests as if they had not occurred, except when applying to PTI or any other diversion program, in which case defendants must disclose the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program, N.J.S.A. § 2C:52-27(b). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Dismissal of Charges
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Page 4 of 10 § 2C:52-27. Effect of expungement Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Despite the myriad of potential uses of expunged records, the effect of an expungement is that unless otherwise provided by law the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except in three instances, N.J.S.A. § 2C:52-27. One exception mandates disclosure of the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program to any court determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges, N.J.S.A. § 2C:52-27(b). • The expungement statute also cross-references the pretrial intervention (PTI) statute, and permits expunged records to be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, and to allow agencies in possession of such records to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Following expungement, defendants may answer any questions concerning previously expunged arrests as if they had not occurred, except when applying to PTI or any other diversion program, in which case defendants must disclose the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program, N.J.S.A. § 2C:52-27(b). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Pretrial Diversion: Eligibility
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • The expungement statute also cross-references the pretrial intervention (PTI) statute, and permits expunged records to be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, and to allow agencies in possession of such records to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Following expungement, defendants may answer any questions concerning previously expunged arrests as if they had not occurred, except when applying to PTI or any other diversion program, in which case defendants must disclose the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program, N.J.S.A. § 2C:52-27(b). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records 200
Page 5 of 10 § 2C:52-27. Effect of expungement
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Despite the myriad of potential uses of expunged records, the effect of an expungement is that unless otherwise provided by law the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except in three instances, N.J.S.A. § 2C:52-27. One exception mandates disclosure of the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program to any court determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges, N.J.S.A. § 2C:52-27(b). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Guilty Pleas: Enforcement of Plea Agreements Any information that is contained in expunged records, pursuant to N.J. Stat. Ann. § 2C:52-27c, is required to be revealed by a person who is seeking a position in law enforcement. Therefore, the contractual nature of defendant’s plea agreement in which he agreed to never seek any law enforcement position with any agency, coupled with the provisions of N.J. Stat. Ann. § 2C:52-27c, prevented defendant from becoming a police officer again, and expungement could not be used to relieve defendant of his plea agreement, which was incorporated into the order of expungement. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998).
Criminal Law & Procedure: Postconviction Proceedings: Expungement
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Page 6 of 10 § 2C:52-27. Effect of expungement Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• Generally, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly. N.J.S.A. 2C:52-27. However, information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency. N.J.S.A. 2C:52-27(c). • If an order of expungement is granted, N.J. Stat. Ann. § 2C:52-27 deems only the arrest, conviction and any proceedings related thereto not to have occurred. It makes no reference to the underlying incident. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • Despite the myriad of potential uses of expunged records, the effect of an expungement is that unless otherwise provided by law the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except in three instances, N.J.S.A. § 2C:52-27. One exception mandates disclosure of the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program to any court determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges, N.J.S.A. § 2C:52-27(b). • The expungement statute also cross-references the pretrial intervention (PTI) statute, and permits expunged records to be used by the court in determining whether to grant or deny the person's application for acceptance into a supervisory treatment or diversion program for subsequent charges, and to allow agencies in possession of such records to use them for the purpose of determining whether or not to accept a person into supervisory treatment or diversion program for subsequent charges, N.J.S.A. § 2C:52-20. Following expungement, defendants may answer any questions concerning previously expunged arrests as if they had not occurred, except when applying to PTI or any other diversion program, in which case defendants must disclose the fact of an expungement of prior charges dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program, N.J.S.A. § 2C:52-27(b). State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Where plaintiff sued defendants for disseminating campaign flyers reporting about his criminal conviction, which had been expunged, defendants were entitled to summary judgment with respect to with respect to plaintiff’s invasion of privacy claim because he had no reasonable expectation of privacy that information so long in the public domain before the entry of the expungement order would be erased from the public’s mind or from papers already widely disseminated. G.D. v. Kenny, 205 N.J. 275, 15 A.3d 300, 2011 N.J. LEXIS 87 (N.J. 2011). Where plaintiff sued defendants for disseminating campaign flyers reporting about his criminal conviction, defendants were entitled to assert truth as a defense to the defamation and other related tort actions, even though 202
Page 7 of 10 § 2C:52-27. Effect of expungement plaintiff’s conviction was subject to an expungement order, because while such an order relieves a prior offender of some civil disabilities, it does not extinguish the truth; and as plaintiff failed to establish that the flyers were not substantially accurate, defendants were entitled to summary judgment. G.D. v. Kenny, 205 N.J. 275, 15 A.3d 300, 2011 N.J. LEXIS 87 (N.J. 2011). Defendants, sued for defamation for preparing and circulating flyers referring to plaintiff’s criminal record, could assert the defense of truth despite the fact that plaintiff’s conviction had been expunged; the flyers were, as a matter of law, not defamatory since the information they contained was true. G.D. v. Kenny, 411 N.J. Super. 176, 984 A.2d 921, 2009 N.J. Super. LEXIS 256 (App.Div. 2009), aff'd, 205 N.J. 275, 15 A.3d 300, 2011 N.J. LEXIS 87 (N.J. 2011). Where a former deputy sued the sheriff’s office for violating the New Jersey Law Against Discrimination, N.J. Stat. Ann. §§ 10:5-1 to -49, if the sheriff’s office could prove it would have terminated the deputy as soon as it learned of his expunged convictions, then that date could be used to limit any backpay award and to eliminate any front pay award. Cicchetti v. Morris County Sheriff's Office, 194 N.J. 563, 947 A.2d 626, 2008 N.J. LEXIS 450 (N.J. 2008). Former deputy’s failure to disclose an expunged conviction, as required by N.J. Stat. Ann. § 2C:52-27(c), did not prohibit him from pursuing a workplace discrimination complaint against the sheriff’s office under the New Jersey Law Against Discrimination, N.J. Stat. Ann. §§ 10:5-1 to -49, but evidence of the conviction could be used to limit or potentially eliminate economic damages. Cicchetti v. Morris County Sheriff's Office, 194 N.J. 563, 947 A.2d 626, 2008 N.J. LEXIS 450 (N.J. 2008). N.J. Stat. Ann. § 2C:52-27(c) provides that the information included in expunged records must be disclosed in conjunction with seeking employment in a law enforcement agency and that such information shall continue to provide a disability as otherwise provided by law. However, nothing in § 2C:52-27 imposes an absolute bar on employment with a law enforcement agency. Cicchetti v. Morris County Sheriff's Office, 194 N.J. 563, 947 A.2d 626, 2008 N.J. LEXIS 450 (N.J. 2008). Where, more than 10 years following the completion of his sentence of imprisonment and parole, a private citizen who was an accomplice to criminal activities committed by a public official pled guilty to a number of crimes directly related to the operation of his waste disposal business, including aiding and abetting official misconduct of a public official in violation of N.J. Stat. Ann. § 2C:30-2, applied for expungement of his record of convictions, which, under N.J. Stat. Ann. § 2C:52-27, would have deemed them not to have occurred, the third paragraph of N.J. Stat. Ann. § 2C:52-2(b), which listed the bar against expungement to public officials, construed in accordance with N.J. Stat. Ann. § 2C:52-32, only applied to those holding a public office, position, or employment, and accordingly the applicant was not barred from seeking expungement. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003). Any information that is contained in expunged records, pursuant to N.J. Stat. Ann. § 2C:52-27c, is required to be revealed by a person who is seeking a position in law enforcement. Therefore, the contractual nature of defendant’s plea agreement in which he agreed to never seek any law enforcement position with any agency, coupled with the provisions of N.J. Stat. Ann. § 2C:52-27c, prevented defendant from becoming a police officer again, and expungement could not be used to relieve defendant of his plea agreement, which was incorporated into the order of expungement. In re T.P.D., 314 N.J. Super. 643, 715 A.2d 1048, 1997 N.J. Super. LEXIS 574 (Law Div. 1997), aff'd, In re N.J.S.A. 2C:52-6 Petition for Expungement of the Records of T.P.D., 314 N.J. Super. 535, 715 A.2d 994, 1998 N.J. Super. LEXIS 358 (App.Div. 1998).
Evidence: Privileges: Government Privileges: Official Information Privilege: Reports Privilege
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Page 8 of 10 § 2C:52-27. Effect of expungement Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• Generally, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly. N.J.S.A. 2C:52-27. However, information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency. N.J.S.A. 2C:52-27(c). States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Governments: Courts: Court Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• Except for certain defined circumstances, a person granted expungement does not have to answer questions affirmatively relating to expunged criminal records. However, expunged criminal records are extracted and isolated but not destroyed. They remain available for various important purposes. In numerous statutorily delineated circumstances, records that have been expunged may be considered. N.J.S.A. § 2C:52-19; N.J.S.A. § 2C:52-20; N.J.S.A. § 2C:52-21; N.J.S.A. § 2C:52-22; N.J.S.A. § 2C:52-23; N.J.S.A. § 2C:5223.1; N.J.S.A. § 2C:52-27(b); N.J.S.A. § 2C:52-27(c). New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Governments: Legislation: Effect & Operation: Amendments
Overview: Pursuant to enactment of New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, a defendant could not be admitted into pretrial intervention where they had a prior conditional discharge for marijuana charges, N.J.S.A. § 2C:52-6.1, R. 3:28-1, -5. • If the Legislature intended to repeal or amend, N.J.S.A. § 2C:43-12(g)(1), N.J.S.A. §2C:43-21(d), N.J.S.A. § 2C:52-20, N.J.S.A. § 2C:52-27(b), or overrule R. 3:28-1(c)(1) and - 5(a), it would have done so. The appellate court's review of the relevant statutes and legislative history shows no clear and compelling evidence of that intent. State v. Gomes, 472 N.J. Super. 515, 277 A.3d 468, 2022 N.J. Super. LEXIS 85 (App.Div. 2022), rev'd, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023). 204
Page 9 of 10 § 2C:52-27. Effect of expungement
Governments: Legislation: Interpretation Where, more than 10 years following the completion of his sentence of imprisonment and parole, a private citizen who was an accomplice to criminal activities committed by a public official pled guilty to a number of crimes directly related to the operation of his waste disposal business, including aiding and abetting official misconduct of a public official in violation of N.J. Stat. Ann. § 2C:30-2, applied for expungement of his record of convictions, which, under N.J. Stat. Ann. § 2C:52-27, would have deemed them not to have occurred, the third paragraph of N.J. Stat. Ann. § 2C:52-2(b), which listed the bar against expungement to public officials, construed in accordance with N.J. Stat. Ann. § 2C:52-32, only applied to those holding a public office, position, or employment, and accordingly the applicant was not barred from seeking expungement. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003).
Governments: Local Governments: Employees & Officials N.J. Stat. Ann. § 2C:52-27(c) provides that the information included in expunged records must be disclosed in conjunction with seeking employment in a law enforcement agency and that such information shall continue to provide a disability as otherwise provided by law. However, nothing in § 2C:52-27 imposes an absolute bar on employment with a law enforcement agency. Cicchetti v. Morris County Sheriff's Office, 194 N.J. 563, 947 A.2d 626, 2008 N.J. LEXIS 450 (N.J. 2008). Appellant’s name could not be kept off the list of eligibles for police officer for failing to present “evidence of rehabilitation” after his arrest record had been expunged because the New Jersey Merit System Board had not considered the impact of the expungement. In re J.B., 386 N.J. Super. 512, 902 A.2d 283, 2006 N.J. Super. LEXIS 200 (App.Div. 2006).
Labor & Employment Law: Discrimination: Actionable Discrimination Where a former deputy sued the sheriff’s office for violating the New Jersey Law Against Discrimination, N.J. Stat. Ann. §§ 10:5-1 to -49, if the sheriff’s office could prove it would have terminated the deputy as soon as it learned of his expunged convictions, then that date could be used to limit any backpay award and to eliminate any front pay award. Cicchetti v. Morris County Sheriff's Office, 194 N.J. 563, 947 A.2d 626, 2008 N.J. LEXIS 450 (N.J. 2008). Former deputy’s failure to disclose an expunged conviction, as required by N.J. Stat. Ann. § 2C:52-27(c), did not prohibit him from pursuing a workplace discrimination complaint against the sheriff’s office under the New Jersey Law Against Discrimination, N.J. Stat. Ann. §§ 10:5-1 to -49, but evidence of the conviction could be used to limit or potentially eliminate economic damages. Cicchetti v. Morris County Sheriff's Office, 194 N.J. 563, 947 A.2d 626, 2008 N.J. LEXIS 450 (N.J. 2008).
Torts: Intentional Torts: Defamation: Defenses: Truth Defendants, sued for defamation for preparing and circulating flyers referring to plaintiff’s criminal record, could assert the defense of truth despite the fact that plaintiff’s conviction had been expunged; the flyers were, as a matter of law, not defamatory since the information they contained was true. G.D. v. Kenny, 411 N.J. Super. 176, 984 A.2d 921, 2009 N.J. Super. LEXIS 256 (App.Div. 2009), aff'd, 205 N.J. 275, 15 A.3d 300, 2011 N.J. LEXIS 87 (N.J. 2011).
Torts: Intentional Torts: Invasion of Privacy: Defenses 205
Page 10 of 10 § 2C:52-27. Effect of expungement Where plaintiff sued defendants for disseminating campaign flyers reporting about his criminal conviction, which had been expunged, defendants were entitled to summary judgment with respect to with respect to plaintiff’s invasion of privacy claim because he had no reasonable expectation of privacy that information so long in the public domain before the entry of the expungement order would be erased from the public’s mind or from papers already widely disseminated. G.D. v. Kenny, 205 N.J. 275, 15 A.3d 300, 2011 N.J. LEXIS 87 (N.J. 2011). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-27.1 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-27.1. Petition to rescind order of debarment for health care claims fraud; restoration a. If an order of expungement of records of conviction under the provisions of chapter 52 of Title 2C of the New Jersey Statutes is granted by the court to a person convicted of health care claims fraud in which the court had ordered the offender’s professional license or certificate be forfeited and the person be forever barred from the practice of the profession, occupation, trade, vocation or business pursuant to subsection a. of section 4 of P.L. 1997, c. 353 (C. 2C:51-5), the person may petition the court for an order to rescind the court’s order of debarment if the person can demonstrate that the person is sufficiently rehabilitated. b. If an order to rescind the court’s order of debarment is granted, the person granted the order may apply to be licensed or certified to practice the profession, occupation, trade, vocation or business from which the offender was barred.
History L. 1997, c. 353, § 5; amended 2003, c. 89, § 77. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-28 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-28. Motor vehicle offenses Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39.
History L. 1979, c. 178, § 135. Annotations
CASE NOTES Criminal Law & Procedure: Criminal Offenses: Property Crimes: Destruction of Property: General Overview Criminal Law & Procedure: Postconviction Proceedings: Expungement
Criminal Law & Procedure: Criminal Offenses: Property Crimes: Destruction of Property: General Overview Offense of tampering with a motor vehicle in violation of N.J. Stat. Ann. § 39:4-49 was not subject to expungement pursuant to N.J. Stat. Ann. § 2C:52-28, which provided that expungement provisions did not apply to arrests or convictions for motor vehicle offenses contained in Title 39. State v. K.M., 220 N.J. Super. 338, 532 A.2d 254, 1987 N.J. Super. LEXIS 1331 (App.Div. 1987).
Criminal Law & Procedure: Postconviction Proceedings: Expungement Offense of tampering with a motor vehicle in violation of N.J. Stat. Ann. § 39:4-49 was not subject to expungement pursuant to N.J. Stat. Ann. § 2C:52-28, which provided that expungement provisions did not apply to arrests or convictions for motor vehicle offenses contained in Title 39. State v. K.M., 220 N.J. Super. 338, 532 A.2d 254, 1987 N.J. Super. LEXIS 1331 (App.Div. 1987). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-29 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-29. Fees waived for certain applications Any person who files an application pursuant to this chapter shall not be charged a fee for applying for an expungement, and any fee set forth in the Rules of Court, which was, based on the Supreme Court’s temporary authority pursuant to sections 12 through 15, and 17 through 19 of P.L.2014, c.31 (C.2B:1-7 through C.2B:1-13), a revision or supplement by the Supreme Court to the fee charged pursuant to this section prior to its amendment by P.L.2019, c.269 (C.2C:52-5.1 et al.), is void.
History
L. 1979, c. 178, § 136; amended by 2019, c. 269, § 16, effective December 18, 2019. Annotations
Notes
Effective Dates Section 18 of L. 2019, c. 269 provides: “Section 8 of this act, concerning the automated “clean slate” process and the task force assisting with its development and implementation, sections 15 and 16 of this act, eliminating expungement filings fees, and section 17 of this act, making an appropriation, shall take effect immediately, and the remaining sections of this act shall take effect on the 180th day following enactment. Concerning those sections which do not take effect immediately, the Attorney General and the Administrative Director of the Courts may take any anticipatory administrative action as may be necessary to effectuate those provisions.” Chapter 269, L. 2019, was approved on Dec. 18, 2019. Amendment Notes 2019 amendment, by Chapter 269, rewrote the section, which formerly read: “Any person who files an application pursuant to this chapter shall pay to the State Treasurer a fee of $30.00 to defer administrative costs in processing an application hereunder.” LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-30 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-30. Disclosure of expungement order Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person. Notwithstanding the provisions of section 2C:43-3, the maximum fine which can be imposed for violation of this section is $200.00.
History L. 1979, c. 178, § 137. Annotations
CASE NOTES Constitutional Law: Bill of Rights: Fundamental Freedoms: Freedom of Speech: Scope of Freedom Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: General Overview Criminal Law & Procedure: Postconviction Proceedings: Expungement Governments: Local Governments: Employees & Officials
Constitutional Law: Bill of Rights: Fundamental Freedoms: Freedom of Speech: Scope of Freedom In the context of disclosing an individual’s expunged criminal conviction, the high court would not construe this section to criminalize truthful speech on matters of public interest and concern because such a literal and overly broad reading likely would violate free-speech rights guaranteed under the First Amendment and N.J. Const. art. I, para. 6. G.D. v. Kenny, 205 N.J. 275, 15 A.3d 300, 2011 N.J. LEXIS 87 (N.J. 2011).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Disruptive Conduct: General Overview Under N.J. Stat. Ann. § 2C:52-1, a police officer’s petition for expungement of his criminal records was granted, but his request for removal of police department personnel records was denied because of the police department’s duty to ensure public safety. N.J. Stat. Ann. § 2C:52-30 enforced the confidentiality of the expunged data by making it a disorderly persons offense to reveal such information. State v. Zemak, 304 N.J. Super. 381, 700 A.2d 1237, 1997 N.J. Super. LEXIS 407 (Law Div. 1997). Yasmine Boto
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Page 2 of 3 § 2C:52-30. Disclosure of expungement order
Criminal Law & Procedure: Postconviction Proceedings: Expungement
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The provisions of N.J. Stat. Ann. § 2C:52-15 and N.J. Stat. Ann. § 2C:52-30, by their terms, apply to arrests, convictions, and related proceedings which are the subject of the expungement order or related legal proceedingsâ i.e., criminal proceedings. An internal affairs report is not a report of an arrest or criminal conviction. Nor is it a criminal proceeding, legal or otherwise, related to an arrest or conviction. Internal affairs investigations determine whether there was a violation of agency rules, regulations, or standard operating procedures for the purpose of imposing progressive discipline, not criminal punishment. • Liability under N.J. Stat. Ann. § 2C:52-30 requires knowledge that the records and information pertaining thereto have been expunged or sealed. • N.J. Stat. Ann. § 2C:52-15and N.J. Stat. Ann. § 2C:52-30 require law enforcement agencies to (1) remove all criminal records specified in an expungement order from their files; (2) ensure that such records or the information contained therein about the expunged arrest, conviction, or related proceedings are not released for any reason and are not utilized or referred to for any purpose; (3) reply that there is no record information in response to a request for information or records about an expunged arrest, conviction, or related proceedings; and (4) refrain from revealing the existence of the expunged arrest, conviction, or related legal proceeding. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
In the context of disclosing an individual’s expunged criminal conviction, the high court would not construe this section to criminalize truthful speech on matters of public interest and concern because such a literal and overly broad reading likely would violate free-speech rights guaranteed under the First Amendment and N.J. Const. art. I, para. 6. G.D. v. Kenny, 205 N.J. 275, 15 A.3d 300, 2011 N.J. LEXIS 87 (N.J. 2011). Under N.J. Stat. Ann. § 2C:52-1, a police officer’s petition for expungement of his criminal records was granted, but his request for removal of police department personnel records was denied because of the police department’s duty to ensure public safety. N.J. Stat. Ann. § 2C:52-30 enforced the confidentiality of the expunged data by making it a disorderly persons offense to reveal such information. State v. Zemak, 304 N.J. Super. 381, 700 A.2d 1237, 1997 N.J. Super. LEXIS 407 (Law Div. 1997).
Governments: Local Governments: Employees & Officials
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
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Page 3 of 3 § 2C:52-30. Disclosure of expungement order • The provisions of N.J. Stat. Ann. § 2C:52-15 and N.J. Stat. Ann. § 2C:52-30, by their terms, apply to arrests, convictions, and related proceedings which are the subject of the expungement order or related legal proceedingsâ i.e., criminal proceedings. An internal affairs report is not a report of an arrest or criminal conviction. Nor is it a criminal proceeding, legal or otherwise, related to an arrest or conviction. Internal affairs investigations determine whether there was a violation of agency rules, regulations, or standard operating procedures for the purpose of imposing progressive discipline, not criminal punishment. States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Research References & Practice Aids Administrative Code: N.J.A.C. 13:59-1.6 (2013), CHAPTER CRIMINAL HISTORY RECORD BACKGROUND CHECKS, Limitations on access and use of criminal history record information (CHRI) for noncriminal justice purposes. N.J.A.C. 13:59-2.4 (2013), CHAPTER CRIMINAL HISTORY RECORD BACKGROUND CHECKS, Limitations on access and use of criminal history record information (CHRI) obtained for criminal justice purposes. N.J.A.C. 10A:22-4.1 (2013), CHAPTER RECORDS, Procedures for expungement of records and information. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-31 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-31. Limitation Nothing provided in this chapter shall be interpreted to permit the expungement of records contained in the Controlled Dangerous Substances Registry created pursuant to P.L.1970, c. 227 (C. 26:2G-17 et seq.), or the registry created by the Administrative Office of the Courts pursuant to section 2C:43-21.
History L. 1979, c. 178, § 138. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-32 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-32. Construction This chapter shall be construed with the primary objective of providing relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby persistent violators of the law or those who associate themselves with continuing criminal activity have a regular means of expunging their police and criminal records.
History L. 1979, c. 178, § 139; amended by 2015, c. 261, § 9, effective April 18, 2016. Annotations
Notes Effective Dates Section 10 of L. 2015, c. 261 provides: “This act shall take effect on the 90th day following enactment.” Chapter 261, L. 2015, was approved on Jan. 19, 2016. Amendment Notes 2015 amendment, by Chapter 261, substituted “reformed” for “one-time”; substituted “persistent” for “periodic”; and inserted “continuing.”
CASE NOTES Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Substance Schedules: Hashish & Marijuana Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: General Overview Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Domestic Offenses: Domestic Assault Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Abuse of Public Office: General Overview Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records Yasmine Boto
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Page 2 of 7 § 2C:52-32. Construction Criminal Law & Procedure: Postconviction Proceedings: Expungement Evidence: Procedural Considerations: Burdens of Proof: Allocation Governments: Courts: Court Records Governments: Legislation: Interpretation
Criminal Law & Procedure: Criminal Offenses: Controlled Substances: Substance Schedules: Hashish & Marijuana
Overview: Persons who received pre-Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) conditional discharges for specified marijuana offenses were no longer categorically precluded from future admission into pretrial intervention. • Defendants with qualifying marijuana-related conditional discharges do not need to file any petition or request for expungement; expungement simply happens by operation of law. There is no discretion for a court to refuse to expunge certain records, no mechanism for the State to object to the expungement of a particular marijuana offense, and no way the specified marijuana convictions or marijuana-related conditional discharges can be reinstated based on later criminal activity. The primary objective of ordinary expungement is to grant relief to a defendant who has become rehabilitated by living a life of rectitude and disassociating with unlawful activity. N.J.S.A. § 2C:52-32. State v. Gomes, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: General Overview Defendant was entitled to expungement of his conviction of child abuse under N.J. Stat. Ann. § 2C:52-32; the series of unlawful actions committed by defendant in a one night constituted a single event for expungement purposes. In re Application of V.S., 258 N.J. Super. 348, 609 A.2d 530, 1992 N.J. Super. LEXIS 278 (Law Div. 1992).
Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Domestic Offenses: Domestic Assault As a husband’s simple assault on his wife, to whom he was still married after 10 years, was an apparent aberration in an otherwise law-abiding life, he was entitled to have his criminal records expunged notwithstanding the prosecutor’s objection. In re Criminal Records of H.M.H., 404 N.J. Super. 174, 960 A.2d 821, 2008 N.J. Super. LEXIS 227 (Ch.Div. 2008).
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Abuse of Public Office: General Overview Where, more than 10 years following the completion of his sentence of imprisonment and parole, a private citizen who was an accomplice to criminal activities committed by a public official pled guilty to a number of crimes directly related to the operation of his waste disposal business, including aiding and abetting official misconduct of a public official in violation of N.J. Stat. Ann. § 2C:30-2, applied for expungement of his record of convictions, which, under N.J. Stat. Ann. § 2C:52-27, would have deemed them not to have occurred, the third paragraph of N.J. Stat. Ann. § 2C:52-2(b), which listed the bar against expungement to public officials, construed in accordance with N.J. Stat. Ann. § 2C:52-32, only applied to those holding a public office, position, or employment, and accordingly the 215
Page 3 of 7 § 2C:52-32. Construction applicant was not barred from seeking expungement. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003).
Criminal Law & Procedure: Preliminary Proceedings: Withdrawal of Charges: Expungement of Records
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• The expungement statute serves to eliminate the collateral consequences imposed upon otherwise lawabiding citizens who have had a minor brush with the criminal justice system. The Legislature intended the statute to: provide relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby persistent violators of the law or those who associate themselves with continuing criminal activity have a regular means of expunging their police and criminal records. N.J.S.A. § 2C:52-32. However, the relief provided by the expungement statute does not include the wholesale rewriting of history. New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Overview: Persons who received pre-Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) conditional discharges for specified marijuana offenses were no longer categorically precluded from future admission into pretrial intervention. • Defendants with qualifying marijuana-related conditional discharges do not need to file any petition or request for expungement; expungement simply happens by operation of law. There is no discretion for a court to refuse to expunge certain records, no mechanism for the State to object to the expungement of a particular marijuana offense, and no way the specified marijuana convictions or marijuana-related conditional discharges can be reinstated based on later criminal activity. The primary objective of ordinary expungement is to grant relief to a defendant who has become rehabilitated by living a life of rectitude and disassociating with unlawful activity. N.J.S.A. § 2C:52-32. State v. Gomes, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
New Jersey Supreme Court held that successful drug court graduates who have committed certain offenses and apply for expungement are entitled to a rebuttable presumption that expungement is consistent with the public interest. In re Expungement of the Arrest/Charge Records of T.B., 236 N.J. 262, 199 A.3d 744, 2019 N.J. LEXIS 1 (N.J. 2019).
Criminal Law & Procedure: Postconviction Proceedings: Expungement
A petitioner subject to ongoing Parole Supervision for Life remains ineligible for expungement because the statute’s five-year completion requirement mandates finality of all sentences and supervisory obligations, not just those related to the conviction sought to be expunged; thus, expungement relief is limited to those who have 216
Page 4 of 7 § 2C:52-32. Construction demonstrably fulfilled all penal conditions and led a law-abiding life. In re Expungement of the Criminal/Juvenile Recs. of A.W.1, 2026 N.J. Super. LEXIS 58 (App.Div. June 10, 2026).
Overview: Internal affairs reports are not themselves "records.concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system" under N.J.S.A. 2C:52-1(a), nor are they listed among the "expunged records" defined in N.J.S.A. 2C:52-1(b).
• The expungement statute, originally enacted in 1979, aims to provide relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity. N.J.S.A. 2C:52-32. To do so, it provides for the expungement of certain criminal records. The statute defines expungement as the extraction, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. N.J.S.A. 2C:52-1(a). Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, rap sheets and judicial docket records. N.J.S.A. 2C:52-1(b). States Newsroom Inc. v. City of Jersey City, 261 N.J. 392, 339 A.3d 270, 2025 N.J. LEXIS 749 (N.J. 2025).
Overview: Persons who received pre-Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) conditional discharges for specified marijuana offenses were no longer categorically precluded from future admission into pretrial intervention. • Defendants with qualifying marijuana-related conditional discharges do not need to file any petition or request for expungement; expungement simply happens by operation of law. There is no discretion for a court to refuse to expunge certain records, no mechanism for the State to object to the expungement of a particular marijuana offense, and no way the specified marijuana convictions or marijuana-related conditional discharges can be reinstated based on later criminal activity. The primary objective of ordinary expungement is to grant relief to a defendant who has become rehabilitated by living a life of rectitude and disassociating with unlawful activity. N.J.S.A. § 2C:52-32. State v. Gomes, 253 N.J. 6, 288 A.3d 825, 2023 N.J. LEXIS 203 (N.J. 2023).
New Jersey Supreme Court held that successful drug court graduates who have committed certain offenses and apply for expungement are entitled to a rebuttable presumption that expungement is consistent with the public interest. In re Expungement of the Arrest/Charge Records of T.B., 236 N.J. 262, 199 A.3d 744, 2019 N.J. LEXIS 1 (N.J. 2019). Defendants seeking relief under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement have the burden of proving why expungement of a criminal record is in the public interest. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Supreme Court of New Jersey reversed the denial of a petitioner’s expungement application because it appeared that he had met the burden of proving under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement of why expungement of a criminal record was in the public interest and a remand was necessary for the trial court to assess the petitioner’s character and conduct as of the date of its new ruling. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012).
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Page 5 of 7 § 2C:52-32. Construction As a husband’s simple assault on his wife, to whom he was still married after 10 years, was an apparent aberration in an otherwise law-abiding life, he was entitled to have his criminal records expunged notwithstanding the prosecutor’s objection. In re Criminal Records of H.M.H., 404 N.J. Super. 174, 960 A.2d 821, 2008 N.J. Super. LEXIS 227 (Ch.Div. 2008). Where, more than 10 years following the completion of his sentence of imprisonment and parole, a private citizen who was an accomplice to criminal activities committed by a public official pled guilty to a number of crimes directly related to the operation of his waste disposal business, including aiding and abetting official misconduct of a public official in violation of N.J. Stat. Ann. § 2C:30-2, applied for expungement of his record of convictions, which, under N.J. Stat. Ann. § 2C:52-27, would have deemed them not to have occurred, the third paragraph of N.J. Stat. Ann. § 2C:52-2(b), which listed the bar against expungement to public officials, construed in accordance with N.J. Stat. Ann. § 2C:52-32, only applied to those holding a public office, position, or employment, and accordingly the applicant was not barred from seeking expungement. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003). Interpretation of expungement statute was to favor expungement of a first-time criminal conviction, pursuant to N.J. Stat. Ann. § 2C:52-32, except in those exceptions listed in N.J. Stat. Ann. § 2C:52-2b, which exceptions were to be narrowly construed; accordingly, a private citizen who aided and abetted a public official in criminal activity was not within the class of persons barred from having his records expunged. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003). Trial court’s refusal to expunge a defendant’s record under N.J. Stat. Ann. § 2C:52-3 because she committed other offenses in other jurisdictions was proper because to do so would be manifestly inconsistent with the legislative intent of N.J. Stat. Ann. § 2C:52-32; omissions in § 2C:52-32 was not construed by the court as disregarding other convictions in other jurisdiction. State v. Ochoa, 314 N.J. Super. 168, 714 A.2d 349, 1998 N.J. Super. LEXIS 347 (App.Div. 1998). Defendant was entitled to expungement of his conviction of child abuse under N.J. Stat. Ann. § 2C:52-32; the series of unlawful actions committed by defendant in a one night constituted a single event for expungement purposes. In re Application of V.S., 258 N.J. Super. 348, 609 A.2d 530, 1992 N.J. Super. LEXIS 278 (Law Div. 1992). Individual convicted of three disorderly persons offenses was not barred from expungement of his record by N.J. Stat. Ann. § 2C:52-32; pursuant to N.J. Stat. Ann. § 2C:52-3, convictions of up to three disorderly persons offenses could be expunged if the individual had no additional convictions. State v. A.N.J., 98 N.J. 421, 487 A.2d 324, 1985 N.J. LEXIS 2224 (N.J. 1985).
Evidence: Procedural Considerations: Burdens of Proof: Allocation Defendants seeking relief under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement have the burden of proving why expungement of a criminal record is in the public interest. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012). Supreme Court of New Jersey reversed the denial of a petitioner’s expungement application because it appeared that he had met the burden of proving under N.J. Stat. Ann. § 2C:52-2(a)(2)’s new five-year pathway to expungement of why expungement of a criminal record was in the public interest and a remand was necessary for the trial court to assess the petitioner’s character and conduct as of the date of its new ruling. In re Kollman, 210 N.J. 557, 46 A.3d 1247, 2012 N.J. LEXIS 767 (N.J. 2012).
Governments: Courts: Court Records
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Page 6 of 7 § 2C:52-32. Construction Overview: Trial court properly granted the motion of a state agency to use appellant's expunged records at a Title 9 abuse and neglect factfinding trial because the agency established good cause and compelling need under N.J.S.A. § 2C:52-19 and the subject matter of the criminal proceeding would also be the subject matter of the Title 9 trial.
• The Legislature identified relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity as the expungement statute's primary goal. N.J.S.A. § 2C:52-32. The relief afforded by the expungement statute, however, does not include the wholesale rewriting of history. When a court enters an order of expungement, criminal records are extracted and isolated, but not destroyed. § 2C:52-1(a). New Jersey Div. of Child Protection and Permanency v. A.P., 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Governments: Legislation: Interpretation
Overview: In a civil and criminal matter regarding a father's alleged neglect and abuse of his child, N.J.S.A. § 2C:52-19 authorized the release of the father's expunged criminal record because the criminal case ran concurrently with the civil case, was based on the same incident, and was for the limited purpose of protecting the child from further injury.
• The expungement statute serves to eliminate the collateral consequences imposed upon otherwise lawabiding citizens who have had a minor brush with the criminal justice system. The Legislature intended the statute to: provide relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby persistent violators of the law or those who associate themselves with continuing criminal activity have a regular means of expunging their police and criminal records. N.J.S.A. § 2C:52-32. However, the relief provided by the expungement statute does not include the wholesale rewriting of history. New Jersey Div. of Child Protection & Permanency v. A.P., 475 N.J. Super. 472, 294 A.3d 285, 2023 N.J. Super. LEXIS 48 (App.Div. 2023), aff'd, 258 N.J. 266, 318 A.3d 632, 2024 N.J. LEXIS 783 (N.J. 2024).
Where, more than 10 years following the completion of his sentence of imprisonment and parole, a private citizen who was an accomplice to criminal activities committed by a public official pled guilty to a number of crimes directly related to the operation of his waste disposal business, including aiding and abetting official misconduct of a public official in violation of N.J. Stat. Ann. § 2C:30-2, applied for expungement of his record of convictions, which, under N.J. Stat. Ann. § 2C:52-27, would have deemed them not to have occurred, the third paragraph of N.J. Stat. Ann. § 2C:52-2(b), which listed the bar against expungement to public officials, construed in accordance with N.J. Stat. Ann. § 2C:52-32, only applied to those holding a public office, position, or employment, and accordingly the applicant was not barred from seeking expungement. In re Expungement Application of P.A.F., 176 N.J. 218, 822 A.2d 572, 2003 N.J. LEXIS 467 (N.J. 2003). Trial court’s refusal to expunge a defendant’s record under N.J. Stat. Ann. § 2C:52-3 because she committed other offenses in other jurisdictions was proper because to do so would be manifestly inconsistent with the legislative intent of N.J. Stat. Ann. § 2C:52-32; omissions in § 2C:52-32 was not construed by the court as disregarding other 219
Page 7 of 7 § 2C:52-32. Construction convictions in other jurisdiction. State v. Ochoa, 314 N.J. Super. 168, 714 A.2d 349, 1998 N.J. Super. LEXIS 347 (App.Div. 1998). LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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N.J. Stat. § 2C:52-32.1 Current through New Jersey 221st Second Annual Session, L. 2025, c. 405 and J.R. 22
LexisNexis® New Jersey Annotated Statutes > Title 2C. The New Jersey Code of Criminal Justice (Subts. 1 — 3) > Subtitle 3. Sentencing (Chs. 43 — 104) > Chapter 52. Expungement (§§ 2C:52-1 — 2C:52-32.1)
§ 2C:52-32.1. Petition for judicial determination of factual innocence for certain victims of identity theft a. Notwithstanding any other provision of law to the contrary, a person who reasonably believes that he is the victim of identity theft based on the commission of an offense under N.J.S.2C:21-1, section 1 of P.L.1983, c.565 (C.2C:21-2.1), N.J.S.2C:21-17, or section 5 or 6 of P.L.2003, c.184 (C.2C:21-17.2 or C.2C:21-17.3) may petition the court where the charge is pending or where the conviction was entered for a judicial determination of the victim’s factual innocence, when: (1) the perpetrator of the identity theft was arrested for, cited for, or convicted of a crime, offense, or violation of law under the victim’s identity; (2) a complaint for a crime, offense, or violation has been filed against the perpetrator in the victim’s name; or (3) the victim’s identity has been mistakenly associated with a record of conviction. If a charge is pending, the prosecutor may petition the court for a determination of factual innocence on behalf of the victim. Any judicial determination of factual innocence made pursuant to this section may be determined, with or without a hearing, upon declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be part of the record by the court. Where the court determines that the petition is meritorious and that there is no reasonable cause to believe that the victim committed the crime, offense, or violation for which the perpetrator of the identity theft was arrested, cited, convicted, or subject to a complaint for a crime, offense, or violation in the victim’s name, or that the victim’s identity has been mistakenly associated with a record of conviction, the court shall order that the victim’s name and associated personal identifying information contained in the records, files, and indexes of relevant courts, law enforcement agencies, correctional institutions, and administrative agencies which are accessible to the public be deleted, sealed, labeled to show that such data is impersonated and does not reflect the defendant’s identity, or corrected by inserting in the records the name of the perpetrator, if known or ascertainable, in lieu of the victim’s name. The court shall distribute such order or other appropriate notice to the prosecutor and administrative agencies to which a record of conviction may have been transmitted. The prosecutor shall distribute the order or notice to the relevant law enforcement agencies and correctional institutions so that they may comply with its provisions. The court shall provide the victim with a copy of the order or other appropriate documentation to aid in the resolution of any disabilities that may result from the arrest, charge, or conviction. b. A victim seeking relief under this section shall not be required to comply with the requirements of chapter 52 of Title 2C of the New Jersey Statutes, but shall proceed in accordance with the rules and procedures promulgated by the Supreme Court. c. A court that determines a victim’s factual innocence pursuant to this section may at any time vacate that determination if the petition, or information submitted in support of the petition, contains material Yasmine Boto
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Page 2 of 2 § 2C:52-32.1. Petition for judicial determination of factual innocence for certain victims of identity theft misrepresentation or fraud. If the court vacates such a determination, it shall issue an order rescinding any orders made pursuant to this section. d. Any relief granted pursuant to this section shall not affect a victim’s eligibility to apply for an expungement for any other offense pursuant to chapter 52 of Title 2C of the New Jersey Statutes. e. Notwithstanding any other provision of law to the contrary, a petition for relief made pursuant to the provisions of this section shall not require the payment of any fee by the victim. f. The Supreme Court may adopt rules and the Administrative Director of the Courts may issue directives to effectuate the purposes of this act. g. The Attorney General may issue guidelines which may be necessary concerning procedures for law enforcement agencies or any other agencies in the criminal justice system to effectuate the purposes of this act.
History L. 2015, c. 126, § 1, effective March 1, 2016. Annotations
Notes Effective Dates: Section 4 of L. 2015, c. 126 provides: “This act shall take effect on the first day of the fourth month following enactment.” Chapter 126, L. 2015, was approved on Nov. 9, 2015. LexisNexis® New Jersey Annotated Statutes Copyright © 2026 All rights reserved.
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SECTION 3: Child Support
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Overview of Child Support System • Docket types • Parties • Modifying child support – Factors – Income – Emancipation
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Docket Types • FD (non-dissolution cases) – Unmarried parties – Married parties who have not filed for divorce – Non-parent relatives (i.e., grandparents)
• FM (dissolution cases) – Married parties who are divorced, or in the process of getting divorced
• FV (domestic violence cases) – Married or unmarried parties – Restraining order (temporary or final) is in effect
• CS Number – Not a Docket Number – Any child support order enforced through Probation – Cannot be used for Record Request
Passaic County Family Court
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Parties in Child Support Actions • Obligee/payee – “CP” or custodial parent – “PPR” or parent of primary residence
• Obligor/payor – “NCP” or non-custodial parent – “PAR” or parent of alternate residence
• Child Support Enforcement Unit – Probation – Initiate Enforcement hearings – New Jersey Probation office can enforce out-of- state child support obligation • Enforcement in NJ does not guarantee the obligation can be modified in New Jersey
• Division of Human Services
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Modifying Child Support • Lepis v. Lepis, 83 N.J. 139 – party requesting modification must make a prima facie showing of changed circumstances that are permanent, substantial and involuntary*. This includes: – Changes in income, including disability, or permanent injury – Changes to child care costs – Changes to child’s health insurance costs – Changes in parenting time ( overnights) – New other dependent deductions (ODD) – Incarceration – Emancipation – Other
• Effective date of child support modification is the filing date** • COLA adjustments – Rule 5:6B – all support orders entered after Sept. 1, 1998 are automatically reviewed for a cost of living adjustment every 3 years
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Modifying Child Support: Income Change Factors to consider : • What caused the income change? – Employment change – why ? – Disability – Etc.
• Is the change permanent, substantial and/or involuntary? • What was the income at the time child support was calculated/ last modified ? • What is the actual income of both parties currently ? – If more than when the last child support order was put in place -may not a good candidate for modification – If less than when the last child support order was last put in place- continue conversation
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Modifying Child Support: Income Change Factors to consider : • Self-support reserve/ Poverty Threshold – 150% of the 2025 Federal Poverty Guidelines – If obligor’s income falls below the poverty threshold, then the obligation amount must be adjusted* – Subtract the child support obligation from obligor’s income
• Income to children ( i.e. derivative benefits)
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Modifying Child Support: No Grounds for Modification • Common points raised that are NOT grounds for modification – New Relationships • Ex-partner has a new partner who earns a lot of money • Veteran is now providing financial support to step-children
– Parenting time • Seeing the children a couple hours more per week • Not seeing the children at all ( negative impact on child support obligation)
– Benefits • If client is now receiving VA benefits, while non-taxable, they do count as income for child support purposes.
Most Importantly, these factors only apply to NJ Child Support Obligations. VLJ cannot assist with out of state child support orders
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Modifying Child Support: Emancipation • Establishes 19 as the age when a child support and/or medical support obligation will end unless otherwise ordered by the Court. – Both parents receive written notice of proposed termination: • First at least 180 days prior • Second at least 90 days prior
– Custodial parent files an application for an extension before the child’s 19th birthday.
• If extension is granted, child support and/or medical support may continue up to the age 23 for cases in which: – Dependent is still in high school – Dependent is attending full-time college – Dependent is vocational or graduate school – Dependent is disabled – The parties reach a separate agreement; or, – Continued child support was granted by the court
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Modifying Child Support: Emancipation • If child support was extend, it is the Obligor’s responsibility to file a motion for emancipation to notify the court if an emancipating event takes place before the automatic termination at 23. • Emancipating events include: – Child is enrolled for less than 12 credits per semester – Child is employed full time – Marriage – Child enlists in the military
This Photo by Unknown Author is licensed under CC BY-SA-NC
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Modifying Child Support: Emancipation • Emancipation does not relieve obligor from payment of arrears or solve overpayment issues unless specified in the order • Request that child support be retroactively terminated/ modified as of the emancipation date determined by the court (i.e., 18th birthday, date the child last attended school, etc.)
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Modifying Child Support: No Grounds for Emancipation • Events that do not support emancipation: – Child is away at college as a full-time student – Child has summer and winter breaks from college – Part time work during school year or full time work during breaks – Child has a baby out of wedlock – Child has a severe mental or physical incapacity that causes him/her to be financially dependent upon a parent
• College contribution does not replaced child support. – Considered a separate financial obligation – Different factors are taken into account
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C h i l d S u p p o r t A ss e ss me n t Confirm the case is in NJ
Review the grounds for modification -
Select the factors that are applicable If none are applicable, no grounds for modification
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C h i l d S u p p o r t A ss e ss me n t If client is seeking emancipation, complete chart to determine if eligible
If client is eligible for modification/ emancipation, complete the Child Support Questionnaire.
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New Jersey Rules of Court Appendix IX-A CONSIDERATIONS IN THE USE OF CHILD SUPPORT GUIDELINES (Includes Amendments through those effective June 1, 2025) 1.
Philosophy of the Child Support Guidelines
These guidelines were developed to provide the court with economic information to assist in the establishment and modification of fair and adequate child support awards. The premise of these guidelines is that (1) child support is a continuous duty of both parents, (2) children are entitled to share in the current income of both parents, and (3) children should not be the economic victims of divorce or outof-wedlock birth. The economic data and procedures of these guidelines attempt to simulate the percentage of parental net income that is spent on children in intact families. While it is acknowledged that the expenditures of two household divorced, separated, or non-formed families are different from intact-family households, it is very important that the children of this State not be forced to live in poverty because of family disruption and that they be afforded the same opportunities available to children in intact families with parents of similar financial means as their own parents. 2.
Use of the Child Support Guidelines as a Rebuttable Presumption
In accordance with Rule 5:6A, these guidelines must be used as a rebuttable presumption to establish and modify all child support orders. The guidelines must be applied in all actions, contested and uncontested, in which child support is being determined including those involving pendente lite (temporary) support, interstate support (Uniform Interstate Family Support Act (UIFSA)), domestic violence, foster care, divorce, non-dissolution, and public assistance (Temporary Assistance to Needy families or TANF). A rebuttable presumption means that an award based on the guidelines is assumed to be the correct amount of child support unless a party proves to the court that circumstances exist that make a guidelines-based award inappropriate in a specific case. The guidelines may be disregarded or a guidelines-based award adjusted if a party shows, and the court finds, that such action is appropriate due to conflict with one of the factors set forth in sections 4, 7, 10, 13, 14, 15 or 20 of Appendix IX-A, or due to the fact that an injustice would result due to the application of the guidelines in a specific case. The determination of whether good cause exists to disregard or adjust a guidelines-based award in a particular case shall be decided by the court. 3.
Deviating from the Child Support Guidelines
If the court finds that the guidelines are inappropriate in a specific case, it may either disregard the guidelines or adjust the guidelines-based award to accommodate the needs of the children or the parents' circumstances. If the support guidelines are not applied in a specific case or the guidelinesbased award is adjusted, the reason for the deviation and the amount of the guidelines-based award (before any adjustment) must be specified in writing on the guidelines worksheet or in the support order. Such findings 2 clarify the basis for the support order if appealed or modified in the future. If the guidelines are found to be inapplicable in a particular case, the court should consider the factors set forth in N.J.S.A. 2A:34-23 or N.J.S.A. 9:17-53 when establishing the child support award. 4.
The Income Shares Approach to Sharing Child-Rearing Expenses
New Jersey statutes and case law provide that both parents are responsible for the financial needs of their children. In intact families, the income of both parents is pooled and spent for the benefit of all household members including the children. Each parent's contribution to the combined income of the family represents their relative sharing of household expenses. For example, if the parents have equal incomes, they are assumed to share all expenditures for the family equally (50%). This same income sharing principle is used to determine how the parents will share a child support award. In dissolved or nonformed families, however, the parents share only the expenses for the child (i.e., the Appendix IX-F support schedules are based on the marginal or added cost of a child or children to an adult couple). In sole-parenting situations, the custodial parent's share of the child-rearing expenses is assumed to be 1 238
spent directly on the child through daily living expenses. The non-custodial parent's share of child-rearing costs represents the support order that is paid to the custodial parent for the benefit of the child. In situations involving PAR Time (formerly referred to as visitation), both parents make direct expenditures for the child while the child resides in their homes. To accommodate duplicated and shifting expenses associated with a child who shares time with parents who live separately, the Appendix IX-F soleparenting awards may need to be adjusted to reflect each parent's assumed level of marginal spending on the child. 5.
Economic Basis for the Child Support Guidelines
At the foundation of the child support guidelines are estimates of what parents in intact families spend on their children. Determining the cost of raising a child is difficult because most goods and services purchased by families are shared by adults and children. Economists estimate that approximately 65% of household spending is for pooled items (e.g., a car, a washing machine, or a box of laundry detergent used in common by all household members). Even for goods that are privately consumed (e.g., clothing, food), expenditure surveys are not detailed enough to link individual household members (adults or children) to a particular expenditure. Together, pooled and privately consumed goods account for about 90% of total household expenditures. Since most expenditures on children cannot be observed directly, economists use an indirect method of determining child-rearing costs known as marginal-cost estimation. Marginal-cost estimation attempts to find the added cost of a child to a family by comparing the expenditures of families considered equally well-off economically and have different numbers of children. For example, if two families (one with and one without a child) are equally well-off, the additional expenses of the family with a child are assumed to be the marginal cost of the child. Selecting a Standard of Well-Being - Before estimating the marginal cost of children, a standard of wellbeing must be defined. Different marginal cost estimation methods use different standards of well-being. Although several standards have been used in the past, no consensus has emerged as to which provides the most credible result. Two of the most widely used marginal-cost estimation methods, Rothbarth and Engel, employ the standards of well-being described below. Engel - The standard of well-being is the proportion of household income spent on food. Thus, if two families spend the same percentage of their income on food, they are considered equally well-off. Rothbarth - This standard of well-being is based on how parents adjust their spending on adult goods due to the presence of a child. In other words, well-being is measured by comparing excess-income (i.e., after necessary expenditures for the family) available to purchase adult goods such as adult clothing, alcohol, tobacco, and entertainment. Consumer Expenditure Data - Once an estimation technique is chosen, the household expenditure data to which it is applied must be selected. Typically, economists use data from the Consumer Expenditure Survey (CEX). The CEX is the most detailed source of national data on household expenditures and how they vary by family composition, size, geographic location and socioeconomic characteristics. The CEX collects expenditure information for hundreds of household consumption items including food, housing, clothing, transportation, education, childcare, health care, and entertainment. The CEX is a crosssectional survey designed to represent the civilian, non-institutional population in the United States. To be included in the CEX sample, the family must have participated in three or four interviews during the year. Approximately 5,000 families participate in the CEX each quarter. CEX results are published annually, however, the results are generally three years old by the time they are available for public use. The CEX is considered the best available source of information for determining the cost of children using marginalcost estimation techniques. The Betson Analysis - In September 1990, Dr. David Betson of the University of Notre Dame published child-rearing estimates based on his analysis of pooled CEX data from 1980 through the first quarter of 1987, a variety of estimation techniques, and alternative definitions of the standard of well-being. As did previous studies, Dr. Betson's analysis resulted in a wide range of estimates of expenditures on children. 2 239
Dr. Betson, like other economists, believes that the true range of marginal expenditures on children lies at some interval between the Engel and Rothbarth estimates. The Engel estimates, which are close to per capita (i.e., equal shares), clearly overstate the marginal cost of children and, thus, represent the upper bound of spending on children. Economists know that the Engel estimates are incorrect, but do not have the same information about the Rothbarth estimates. Thus, the Rothbarth estimates may represent the true level of marginal spending on children or the theoretical lower bound of that spending. Dr. Betson concluded that the Rothbarth method produced the best set of estimates on the marginal cost of children because it has the least empirical flaws and those that do exist have a minimal effect on the resulting estimates. Estimating Spending on Children - The CEX does not have a direct measure of spending on children, so the expenditures on children are measured indirectly. The cost of raising children is estimated by comparing total spending in households without children to total spending in households with one, two, and three children in all income categories covered by the tables. Although this may be an indicator of the marginal increase in household spending when children are added, it does not give a complete picture since income constraints may also force adults to spend less on themselves to share what income is available with their child(ren). To measure the impact children make on adult household spending, the Betson-Rothbarth estimation method provides for a greater robustness of data. This approach, utilized by David Macpherson, Ph.D., Trinity University, the economist who conducted the review of Appendix IX-F of the New Jersey Child Support Guidelines in 2024, analyzes the change in expenditures on adult clothing as this has been ascertained as the best estimator of expenditures on children in the household, along with the marginal increases in overall household spending, analyzed to arrive at the overall cost of child rearing as reflected in the awards table. The CEX data is also adjusted to account for the variety of educational levels, ethnic backgrounds, and other factors specific to the population of New Jersey. Adjusting the Appendix IX-F Schedule for One Child – Using the traditional estimator, each of the schedules if adjusted for inflation, closely mirrored the current award schedule in Appendix IX-F, except for the schedule related to one child. The number based upon the estimator was significantly lower for one child. According to Dr. Macpherson, this was likely an anomaly due to the sample size of CEX data for one child, which was smaller than that for more children. In fact, the sample size for one child was about one-half of the sample size for two or more children. As the estimates for all other children consistently mirrored the inflation adjustment, the schedule of awards for one child was adjusted for inflation as well. Dr. Macpherson indicated that relying on the inflation adjustment as a substitute estimator for one child complements the current practice of applying the biennial cost of living adjustment to child support awards, which is adjusted for inflation. Development of Child Support Award Schedules – Dr. Macpherson’s 2024 study estimates parental expenditures on one, two, and three children as a percentage of total household outlays. To do this, Macpherson uses the estimation method developed in the Betson analysis (1990) and transforms the Rothbarth parameters into a schedule of child support obligations by using the following steps: a. converting child-related spending as a proportion of consumption to a proportion of net income; b. updating estimates to 2022; c. adjusting the schedule for one child based on inflation alone due to anomalies in data; d. adjusting the schedule to reflect New Jersey's higher cost of living as measured by the "Consumer Price Index - All Urban Consumers" (CPI-U); e. deducting the cost of childcare and unreimbursed health care expenses that exceed $ 250 per child per year (these expenses are added to the basic obligation); f. extrapolating the estimates to families with four, five, and six children; g. computing marginal proportions between income intervals so that the support schedule can be 3 240
constructed in ten dollars increments; h. using the Rothbarth and marginal proportions to create the relationship between support obligations and combined net weekly income; and i. using median regression to smooth (remove remaining kinks/discrete jumps) the relationship. 6.
Economic Principles Included in the Child Support Guidelines
a. There is no absolute cost of raising children. The cost of raising children is inferred from the amount that parents spend on their children. A child's marginal cost is the amount of spending above what the parents would spend if they did not have a child. b. Larger households have lower per-person costs due to economies of scale and the sharing of family goods (i.e., unit prices decrease as quantities and sharing increase). c. Total spending on children increases with family size but at a decreasing rate. Support awards increase with the number of children in the family. d. When a family's total outlays rise, child-related spending increases roughly in the same proportion. In the Macpherson study's analysis, as one moves from the lowest to highest of the 22 income intervals, the average increase in total outlays is 8%, 11%, and 8% for one child, two children, and three children. The comparable average increases in the expenditures on children are 9%, 12%, and 9%. e. As a family's income increases, child-related expenditures increase because parents use a portion of their disposable income to improve their children's quality of life. f. Child-related expenditures as a percentage of family consumption are relatively constant across most of the income scale. g. As income increases, total family consumption spending declines as a proportion of net income since income items such as savings, personal insurance, and gifts increase with family income. Families at lower level of the income ladder have consumption spending that may exceed 100% of net income. In contrast, high-income families may spend only 60% to 75% of net income on consumption items. h. As a family's income increases, child-related expenditures as a proportion of family income decline, even though these expenditures as a percentage of a family's consumption spending remain fairly constant. The difference between spending as a proportion of family income and a proportion of consumption is due to the effect of income taxes, savings and charitable contributions. Income allocated to these items is not available for consumption spending. i. Due to economies of scale, the sharing of family goods and the redistribution of adult spending, as the number of children increases, the additional cost of each child has a less than proportionate increase. Dr. Macpherson estimates that child-related expenditures for two children are less than twice as much as child-related expenditures for one child. For two children, the average cost across the 22 income intervals is 1.6 more than one child. Also, the child-related expenditures for three children are less than two times as much as one child. This study average is 1.9 more than one child. These estimates lie in the range of those reported in the 2004 and 2015 to 2019 Policy Studies report for New Jersey. 7.
Assumptions Included in the Child Support Guidelines
a. Intact Family Spending Patterns as the Standard for Support Orders. Support guidelines based on spending patterns of intact families provide an adequate level of support for children. Child-rearing expenditures of single parents provide little guidance for setting adequate child support awards since single-parent households generally have less money to spend compared with intact families. The fact that single parents actually do spend less income on children compared with two-parent families does not 4 241
mean that they should spend less if the other parent has the means to increase total spending on the children through support payments. Also, the level of spending by single parents on their children has no relation to adequacy or the needs of the children but is a function of the total amount of income available to those parents. b. Standard of Living. Although these support guidelines attempt to approximate the same level of marginal spending on children before divorce or separation, the resulting child support awards do not guarantee that the children's standard of living will remain the same if one of those events occurs. Usually, the children's standard of living will decline since the child support award (based on marginal spending) is being added to a much smaller level of base household expenditures. Less total money is available in the primary household of the child after divorce or separation since the other parent's income is no longer available. Less money means a decline in household expenditures which results in a lower standard of living. Additionally, some economies of scale are lost when one parent leaves the household. c. Marginal-Cost Estimation. For determining child support obligations, marginal-cost estimation techniques, which provide the additional cost of children based on intact-family spending patterns, are more appropriate than average-cost methods that divide spending between all family members equally (per capita). d. The Rothbarth Marginal Cost Estimator. The Rothbarth marginal cost estimation techniques provide the most accurate and robust estimates of parental expenditures on children in dual-parent families. Dr. Macpherson’s 2024 analysis of the 2013 to 2019 micro data of the Consumer Expenditure Survey provides the most current and reliable estimates of child-related expenditures in dual-parent families. e. National versus New Jersey Spending on Children. Because the Rothbarth estimates are for the U.S. and it is well known that New Jersey's income distribution is very different from the U.S income distribution, Dr. Macpherson uses U.S. Census data to equate the income of New Jersey and U.S families and constructs proportions to smooth the schedule or remove discrete jumps in obligation as net income rises. This follows the same principle as in the 2004 Policy Studies Report for New Jersey. The 2015 to 2019 U.S. and New Jersey income distribution in the American Community Survey was used to adjust the Rothbarth estimates. f. NCP/PAR Time. The awards in the support schedules represent spending on children by intact families. In an intact family, the children reside in one household and no NCP/PAR Time is needed. This is similar to child support actions in which one parent has sole physical custody of a child and there is no NCP/PAR Time. The awards in the Appendix IX-F support schedules represent situations in which the child is with the custodial parent 100% of the time. Although the Appendix IX-F awards are not reduced for NCP/PAR Time, they may be adjusted, if these factors are present in a specific case, through worksheet calculations. For further information and assumptions related to NCP/PAR Time adjustments and their related assumptions, see paragraphs 13 and 14 respectively. g. Effect of a Child's Age. Dr. Macpherson’s 2024 study does not provide estimates on childrearing expenditures by children's age groups. The Appendix IX-F awards represent the average cost of raising a child from age zero through 17 years (i.e., the total marginal cost averaged over 18 years). Studies have shown that expenditures are higher than the average for teen-aged children and lower than the average for preteen children. h. Self-Support Reserve. The self-support reserve is a factor in calculating a child support award only when one or both of the parents have income at or near the poverty level. The self-support reserve is 150% of the U.S. poverty guideline for one person. It attempts to ensure that the obligor has sufficient income to maintain a basic subsistence level and the incentive to work so that child support can be paid. A child support award is adjusted to reflect the self-support reserve only if payment of the child support award would reduce the obligor's net income below the reserve and the custodial parent's (or the Parent of the Primary Residence's) net income minus the custodial parent's share of the child support award is 5 242
greater than 150% of the poverty guideline. The latter condition is necessary to ensure that custodial parents can meet their basic needs so that they can care for the children. As of January 1, 2025, the selfsupport reserve is $451 per week (This amount is 150% of the poverty guideline for one person). i. Income Tax Withholding. For wage earners, income tax withholding rates provide an accurate estimate of after-tax income available to pay weekly support obligations. Income tax withholding may differ from end-of-year tax obligations due to the parent's filing status and the number of dependents, deductions and credits reported or claimed by each parent. j. Spending of Child Order. These guidelines assume that the obligee is spending the support award for the benefit of the child or children. k. Sharing of Child-Rearing Expenses. These guidelines assume that the parents are sharing in the child-rearing expenses in proportion to their relative incomes. To the extent that this is not true (i.e., if one parent is paying all costs associated with housing for the child from his or her own income) and can be proven to the court, a guidelines-based support award may require adjustment. 8.
Expenses Included in the Child Support Schedules
The awards in the Appendix IX-F child support schedules represent the average amount that intact families spend on their children (i.e., the marginal amount spent on the children). The Appendix IXF support awards include the child's share of expenses for housing, food, clothing, transportation, entertainment, unreimbursed health care up to and including $ 250 per child per year, and miscellaneous items. Specific items included in each category are listed below. Note: The fact that a family does not incur a specific expense in a consumption category is not a basis for a deviation from the child support guidelines. The Appendix IX-F awards are based on the percentage of income spent on children by a large number of families in a variety of socioeconomic situations. The use of averages reflects the diversity of spending by parents. To qualify for a deviation based on average costs, a parent must show that the family's marginal spending on children for all items related to a consumption category differs from the average family (e.g., there are no housing costs). Housing - Mortgage principal and interest payments or home equity loans, property taxes, insurance, refinancing charges, repairs, maintenance, rent, parking fees, property management or security fees, expenses for vacation homes, lodging while out of town, utilities, fuels, public services, domestic services, lawn care, gardening, pest control, laundry and dry cleaning (nonclothing), moving and storage, repairs on home, furniture, major appliances, purchase or rental of household equipment of tools, postage, laundry or cleaning supplies, cleaning and toilet tissues, household and lawn products, stationary, all indoor and outdoor furniture, floor coverings, all small appliances and housewares (except personal care appliances), all household textiles (e.g., linens, drapes, slip covers, sewing materials, etc.), and miscellaneous household equipment (e.g., clocks, luggage, light fixtures, computers and software, decorating items, etc.). The net purchase price of a home is not included as expenditures in this category. Food - All food and non-alcoholic beverages purchased for home consumption or purchased away from home (including vending machines, restaurants, tips, school meals and catered affairs). Non-food items (e.g., tissue papers, alcoholic beverages, cigarettes) are not included. Clothing - All children's clothing (including school uniforms), footwear (except special footwear for sports), diapers, repairs or alterations to clothing and footwear, storage, dry cleaning, laundry, watches, and jewelry. Transportation- All costs involved with owning or leasing an automobile including monthly installments toward principal cost, finance charges (interest), lease payments, gas and motor oil, insurance, maintenance and repairs. Also, included are other costs related to transportation such as public transit, parking fees, license and registration fees, towing, tolls, and automobile service clubs. The net outlay (purchase price minus the trade-in value) for a vehicle purchase is not 6 243
included. Transportation also does not include expenses associated with a motor vehicle purchased or leased for the intended primary use of a child subject to the support order. Unreimbursed Health Care Up to and Including $ 250 Per Child Per Year - Unreimbursed healthcare expenditures (e.g., medical and dental) up to and including $ 250 per child per year are included in the schedules. Such expenses are considered ordinary and may include items such as non-prescription drugs, co-payments or health care services, equipment or products. The parent's cost of adding a child to health insurance policy is not included in the schedules. Entertainment - Fees, memberships and admissions to sports, recreational, or social events, lessons or instructions, movie rentals, televisions, mobile devices, sound equipment, pets, hobbies, toys, playground equipment, photographic equipment, film processing, video games, and recreational, exercise or sports equipment. Miscellaneous Items - Personal care products and services (e.g., hair, shaving, cosmetics), books and magazines, school supplies, cash contributions, personal insurance, and finance charges (except those for mortgage and vehicle purchases). Note: Tuition for children (i.e., for private, parochial, or trade schools, or other secondary schools, or post-secondary education) are not included in the child support schedules and may be treated as a supplemental expense. 9.
Expenses That May Be Added to the Basic Child Support Obligation
Because some child-related expenses represent large or variable expenditures or are not incurred by typical intact families, it is not appropriate to include them in the Appendix IX-F basic child support awards. The items listed below are not included in the Appendix IX-F child support awards. If incurred in a particular case, these expenses should be added to the basic support obligation. a. Child-Care Expenses - The average cost of child care, including day camp in lieu of child care, is not factored into in the schedules. The net cost (after tax credits) of work-related child care should be added to the basic obligation if incurred. b. Health Insurance for the Child - The parent's marginal cost of adding a child to a health insurance premium is not included in the support schedules and should be added to the basic obligation if incurred. c. Predictable and Recurring Unreimbursed Health Care Expenses In Excess of $ 250 Per Child Per Year - Unreimbursed health-care expenses for a child in excess of $ 250 per child per year are not included in the schedules. Such expenses should be added to the basic obligation if they are predictable and recurring. Health-care expenses for a child that exceed $ 250 per child per year that are not predictable and recurring should be shared by the parents in proportion to their relative incomes as incurred (i.e., the sharing of these expenses should be addressed in the general language of the order or judgment). Health care costs that are not included in the support award should be paid directly to the parent who made or will make the expenditure or directly to the provider of the health care (also, see N.J.S.A. 2A:34-23b). d. Other Expenses Approved by the Court - These are predictable and recurring expenses for children that may not be incurred by average or intact families such as private elementary or secondary education, special needs of gifted or disabled children, and visitation transportation expenses. The addition of these expenses to the basic obligation must be approved by the court. If incurred, special expenses that are not predictable and recurring should be shared by the parents in proportion to their relative incomes (i.e., the sharing of these expenses should be addressed in the general language of the order or judgment). Special expenses not included in the award should be paid directly to the parent who made or will make the expenditure or to the provider of the goods or services. 7 244
10.
Adjustments to the Support Obligation The factors listed below may require an adjustment to the basic child support obligation.
a. Other Legal Dependents of Either Parent - These guidelines include a mechanism to apportion a parent's income to all of his or her legal dependents regardless of the timing of their birth or family association (i.e., if a divorced parent remarries and has children, that parent's income should be shared by all children born to that parent). Legal dependents include adopted or natural children of either parent who are less than 18 years of age or more than 18 years of age and still attending high school or other secondary school. Stepchildren are not considered legal dependents unless a court has found that the stepparent has a legal responsibility for the stepchildren. When considering the use of this adjustment, the following principles shall apply: (1) where there is not an order requiring either parent to pay support for the other dependent this adjustment shall be used only if the income, if any, of the other parent of the secondary family is provided to or ascertainable by the court; (2) where there is not an order requiring either parent to pay support for the other dependent, if the other parent in the secondary family is voluntarily unemployed or underemployed, the court shall impute income to that person (see paragraph 12) to determine the serial family parent's obligation to the children in the secondary family; (3) this adjustment may be applied to other dependents born before or after the child for whom support is being determined; (4) this adjustment may be requested by either or both parents (custodial and/or noncustodial); (5) the adjustment may be applied when the initial award is entered or during subsequent modifications of the support order. b. Multiple Family Obligations. In some cases, one individual may be obligated to pay child support to multiple families. When the court adjudicates a case involving an obligor with multiple family obligations, it may be necessary to review all past orders for that individual. If the court has jurisdiction over all matters, it may either average the orders or fashion some other equitable resolution to treat all supported children fairly under the guidelines. If multiple orders reduce the obligor's income to an amount below the self-support reserve, the orders should be adjusted to distribute the obligor's available income equitably among all children while taking into consideration both the obligee's share of the child support obligation and the obligor's self-support reserve. If other jurisdictions' tribunals ordered the obligor to pay child support for a different family, the New Jersey court may consider that fact for the purpose of maintaining the obligor's self-support reserve. c. Government Benefits Paid to or for Children - Government benefits for children fall into three categories. The treatment of each type of benefit is related to its purpose and eligibility standards. (1) Means-tested benefits have eligibility standards based on the fact that the child or parent has minimal income and requires government assistance. This includes, but is not limited to, Temporary Assistance to Needy Families (TANF), Deficit Reduction Act (DEFRA), Refugee Assistance, rent subsidies, food stamps (SNAP), and Supplemental Security Income for the Aged, Blind or Disabled (SSI), kinship guardian subsidies. Meanstested benefits for the child are meant to provide for minimal subsistence and are excluded as income (not counted for either parent). (2) Derivative benefits have eligibility standards that are based on the contribution (e.g., work history, military service, disability or retirement) of one of the parties, without regard 8 245
to family income. This includes but is not limited to Social Security Disability, Social Security Retirement, Black Lung, and Veteran's Administration benefits. Such payments are either deducted from a parent's government benefit or paid in addition to the parent's benefit. These child benefits are earned benefits that are meant to replace the lost earnings of the parent in the event of disability or retirement. The derivative child benefits shall be counted in the weekly net income of the parent whose contribution is the source of the benefits and applied as a credit to that parent's child support obligation. If the amount of the support obligation after deducting the benefits is zero, then the child support obligation is satisfied and no support award should be ordered while the child is receiving the benefits. (3) Other benefits are obtained without regard to means tests or contribution (e.g., work history, military service, disability, or retirement) of either party. This includes, but is not limited to, adoption subsidies and Social Security benefits based on the work history of a non-party relative, such as a stepparent, grandparent or deceased parent. This type of government benefit is not meant to replace lost earnings of a party, but to supplement the child's household income. Such benefits are counted as income for the parent who actually receives the benefits (usually the custodial parent). 11.
Defining Income
These guidelines are based on the combined net income of the parents. Generally, net income is gross income minus income taxes, mandatory union dues, mandatory retirement, previously ordered child support orders, and, when appropriate, a theoretical child support obligation for other dependents. See Appendix IX-B for a detailed definition of income and taxes as they relate to the child support guidelines. 12.
Imputing Income to Parents.
The fairness of a child support award resulting from the application of these guidelines is dependent on the accurate determination of a parent's net income. If the court finds that either parent is, without just cause, voluntarily underemployed or voluntarily unemployed, it shall impute income to that parent according to the following priorities: a. In determining the amount of income to be imputed, the court must take into consideration the specific circumstances of the parent for whom income imputation is being considered, to the extent known, including but not limited to the following factors: assets; residence; employment and earnings history (as demonstrated by pay stubs, tax returns. Social Security records, disability statements or other records reflecting all sources of earned and unearned income); job skills; educational attainment; literacy; age; health; criminal record and other employment barriers; record of seeking work; the local job market; the availability of employers willing to hire; prevailing earnings level in the local community; what the employment status and earning capacity would have been if the family formed or remained intact; the reason and intent of the underemployment or unemployment; the ages of children in the household and childcare alternatives; the U.S. Bureau of Labor Statistics if the parent works outside of New Jersey; and other relevant background factors in the case. Incarceration may not be treated as voluntary unemployment in establishing or modifying support orders. The determination of imputed income shall not be based on the gender or custodial position of the parent, except to the extent that it affects the ability-to-earn factors listed above. Income of other household members, current spouses, and children shall not be used to impute income to either parent except when determining the other-dependent credit. When imputing income to a parent who is caring for young children, the parent's income share of child-care costs necessary to allow that person to work outside the home shall be deducted from the imputed income. b. If evidence is unavailable or insufficient to determine income based on the factors in subparagraph 12(a), the court may impute income based on the parent's former income at that person's 9 246
usual or former occupation or the earnings for that occupation as reported by the New Jersey Department of Labor (NJDOL) or the U.S. Bureau of Labor Statistics if the parent works outside of New Jersey, based on the parent's most recent wage or benefit record (a minimum of two calendar quarters) on file with the NJDOL (note: NJDOL records include wage and benefit income only and, thus, may differ from the parent's actual income). If NJDOL records or data are unavailable or are insufficient to determine income, income may be imputed based on the prevailing State or federal minimum wage, whichever is higher. c. When evidence of a parent's current or prior earnings and income information is unavailable or insufficient, the court may seek any available information about the specific circumstances of that parent, which may be adduced from the other parent, to determine the amount of income to impute to a parent, and may consider the factors set forth in subparagraphs 12(a) and (b) above, as well as the case law and statutes. d. The court shall develop a factual basis, memorializing its decision, in writing or on the record, as to whether to impute income to a parent and, if so, the amount, using appropriate State statutes, procedures, case law, and legal processes in establishing and modifying support obligations. 13.
Adjustments for PAR Time (formerly Visitation Time)
a. For the purpose of these guidelines, visitation is a level of parental participation in child-rearing that is less than the substantial equivalent of two or more overnights with the child each week (approximately 28% of overnights excluding vacations and holidays). Overnight means the majority of a 24-hour day (i.e., more than 14 12 hours). The sharing of parenting responsibilities above this time threshold may qualify for a shared-parenting child support award (see paragraph 14). For non-custodial parents (NCP) who participate in child-rearing responsibilities on a regular basis but for less than the substantial equivalent of two or more overnights per week, it is assumed that: (1) fixed costs (e.g., housing-related expenses) for the child are not incurred by the NCP; (2) variable costs (e.g., food, transportation, and some entertainment) for the time spent with the child are incurred by the NCP; and (3) variable costs represent 37% of the total child-related expenditures. b. Regular PAR Time - If a parenting plan that sets forth a visitation schedule is filed with the court or a PAR Time schedule is ordered, or the non-custodial parent exercises regular PAR Time with the child, the court may reduce an Appendix IX-F soleparenting support award to accommodate variable expenses (food and transportation) incurred by the non-custodial parent during PAR Time periods. In determining if such an adjustment is appropriate, the court should consider whether the non-custodial parent has incurred variable expenses for the child during PAR Time and if PAR Time has reduced the other parent's variable expenses for the child. If the non-custodial parent exercises PAR Time for more than the substantial equivalent of two or more overnights per week, a shared-parenting award may be appropriate (see paragraph 14). (1) The reduction in the award shall not exceed the parent's time share (percentage of overnight time with the child) of the variable costs -- food and transportation -- for the child. For example, if the sole-parenting basic support award is $100 and the non-custodial parent spends 20% of the time with the child, the maximum PAR Time credit is $7.40 calculated as: [$100 (basic award) x 0.37 (variable costs) x 0.20 (%time)]. (2) Extended PAR Time in excess of five consecutive overnights that represents a single event or intermittent occurrence (e.g., vacation or holiday time) shall not be used to determine the non-custodial parent's annual percentage of overnight time for calculating a regular visitation (see paragraph 13(c)) or a shared-parenting adjustment. Extended PAR Time periods that are part of a regularly scheduled rotation of consecutive weeks between the parents that is set forth in a parenting plan or court order (e.g., a regular schedule that 10 247
alternates weeks between parents during the year or entire summer) should be included in the calculation of the regular PAR Time adjustment (variable expenses), but shall not be included in the determination of qualifying time for a shared-parenting adjustment (fixed expenses) unless the parent shows and the court finds that marginal housing-related costs for the child were incurred in the PAR's household for the extended PAR Time period. (3) If the custodial parent's household net income (CP net income from all sources including TANF and the net income of other adults in the household) plus the parenting PAR Time-adjusted child support order is less than two times the poverty guideline for the total number of persons in the household, the adjustment for PAR Time expenses shall not be presumptive, but shall be subject to the discretion of the court. c. Extended PAR Time (Vacation and Holiday Time) - If a child is in the care of a non-custodial parent for five or more consecutive overnights, that parent may request an abatement of the child support order for the extended-PAR Time period. Upon the filing of a motion by the parent seeking the extendedPAR Time abatement, the court shall decide whether the abatement is appropriate, its amount, and how it shall be applied. Alternatively, the amount of an extended-PAR Time abatement may be specified prospectively in an agreement between the parents. The amount of the abatement shall not exceed the variable expenses (food and transportation) incurred for the child during the extended-PAR Time period (i.e., the abatement should not be for the entire award during the vacation period since the custodial parent continues to have fixed and controlled expenses during that time). Variable expenses represent 37% of a basic child support award before any regular-PAR Time adjustments. If child care or other special expenses are included in the order, an abatement for the non-custodial parent's share of those costs that are not incurred during extended-PAR Time shall be given unless such costs are paid in advance or must be paid during the extended-PAR Time. Extended vacation or holiday time used to calculate a visitation or shared adjustment as permitted in the discretion of the court under paragraph 13(b)(2) or 14(c)(2)(a) does not qualify for the extended-PAR Time abatement under this paragraph. d. Non-Compliance with a Parenting Plan - If an award is adjusted prospectively for PAR Time and the non-custodial parent, over a reasonable period, does not conform with the PAR Time schedule included in a parenting plan or court order, the custodial parent may file an application with the Family Division requesting that the child support order be adjusted to reflect the level of PAR Time that is being exercised. A simple application for this purpose shall be made available to parents by the Family Division of the Superior Court to ensure that the affected children receive the financial support that is needed. If PAR Time was used to adjust the child support award and the court finds that the non-custodial parent, over a reasonable period, failed to comply with the PAR Time schedule specified in the parenting plan or court order, the child support award shall be recalculated to reflect the actual PAR Time that is being exercised. Alternatively, the court may adjust the award to a zero PAR Time level until the non-custodial parent shows that PAR Time is occurring on a regular basis. Where possible, the court shall hear and decide applications to recalculate child support due to a parent's failure to comply with a PAR Time schedule in a summary manner. The determination of the effective date of any modification shall be consistent with N.J.S.A. 2A:17-56.23a unless otherwise ordered by the court. If the court finds that a parent willfully failed to comply with a parenting time provision or entered into such a provision merely to reduce the child support award, it may award counsel fees to a custodial parent in addition to adjusting the amount of child support as provided in this paragraph. 14.
Shared-Parenting Arrangements
a. The Support Guidelines and Shared Parenting - The awards in the Appendix IX-F support schedules represent spending on children by intact families. In an intact family, the children reside in one household with both parents (i.e., there is no shifting of children between households as with non-intact families). Thus, the Appendix IX-F awards are appropriate only if the child resides in the custodial parent's household 100% of the time. In shared-parenting situations, each parent incurs expenses for the child while the child is with that parent. To accommodate shared-parenting situations, each parent's income share of the Appendix IX-F support award may be adjusted based on expenses assumed to be duplicated 11 248
or shifted and the amount of time spent with the child. Although these guidelines are designed to accommodate shared-parenting arrangements when appropriate, shared-parenting adjustments or awards are not presumptive, but are subject to the discretion of the court in accordance with the factors listed in paragraphs 14(c) and 14(d). b. Parties Defined. In shared-parenting situations, a parent's designation is related to the time the child spends in that parent's residence. The parents should be referred to as the Parent of Primary Residence (PPR) and the Parent of Alternate Residence (PAR). Either the PPR or the PAR may be the obligor of the support order depending on income and the time spent with the child. The designation of PPR and PAR is not related to the gender of either parent or the legal designation of custodial parent. The PPR and PAR are defined as follows: (1) Parent of Primary Residence (PPR) - The parent with whom the child spends most of his or her overnight time. The primary residence is the home where the child resides for more than 50% of the overnights annually. If the time spent with each parent is equal (50% of overnights each), the PPR is the parent with whom the child resides while attending school. Overnight means the majority of a 24-hour day (i.e., more than 12 hours). (2) Parent of Alternate Residence (PAR) - This is the parent with whom the child resides when not living in the primary residence. c. Criteria for Determining a Shared-Parenting Award - The criteria listed below must be met before the shared-parenting worksheet and instructions are used to calculate a shared-parenting award. The existence of these criteria does not make a shared-parenting award presumptive, but permit the calculation of the award so that the court can determine if it is appropriate for a particular family. (1) A parenting plan that specifies parenting times and responsibilities must be filed with or ordered by the court. (2) The PAR has or is expected to have the child for the substantial equivalent of two or more overnights per week over a year or more (at least 28% of the time) and the PAR can show that separate living accommodations for the child are provided during such times (i.e., evidence of separate living accommodations maintained specifically for the child during overnight stays). (a) At the discretion of the court, the determination of qualifying shared-parenting time may include extended-PAR Time periods of five or more consecutive overnights that are part of a regularly scheduled rotation between the parents as set forth in a parenting plan or court order if the PAR shows that marginal housingrelated costs were incurred for those periods. Qualifying shared-parenting time shall not include extended PAR Time periods of five or more overnights that represent vacations, holidays, or other periodic events (see Extended Visitation above). (b) Although a PAR may not be eligible for the shared-parenting adjustment (both fixed and variable expenses) due to limited time with the child, a regular PAR Time credit (variable expenses only) may be appropriate (see paragraph 13). d. Unless the parties otherwise agree, the final child support order shall not be based on a calculated shared-parenting award if: (1) the PPR's weekly household net income (including means-tested income such as TANF and the net income of other adults living in the household) plus the shared-parenting child support award is less than two times the U.S. poverty guideline for the number of persons in the household (PPR household income thresholds are shown in table below); or 12 249
(2) in any case, the court finds that the net income of the primary household remaining after the calculation of the shared-parenting award is not sufficient to maintain the household for the child. When evaluating the adequacy of the primary household's total income, the court shall consider the cost of living in the region where the child resides (e.g., the average cost of housing, food, and transportation). When determining the PPR's household income to evaluate the primary household income threshold, the court may impute income to the PPR in accordance with Appendix IX-A, paragraph 12. e. If a shared-parenting award is inappropriate due to the PPR's limited household income, a solecustody award shall be calculated. Shared-Parenting Primary Household Net Income Thresholds (2.0 x 2025 Poverty Guideline) Weekly Net Income Annual Net Income Total Persons in Household 2 3 4 5 6 7 8
$813 $1,025 $1,237 $1,448 $1,660 $1,871 $2,083
$42,300 $53,300 $64,300 $75,300 $86,300 $97,300 $108,300
f. Relative Spending on Children and Shared-Parenting Situations For the purpose of the application of these guidelines to shared-parenting situations, there are three broad categories of expenses incurred for children by their parents: fixed, variable and controlled. Fixed costs are those incurred even when the child is not residing with the parent. Housing-related expenses (e.g., dwelling, utilities, household furnishings and household care items) are considered fixed costs. Variable costs are incurred only when the child is with the parent (i.e., they follow the child). This category includes transportation and food. Controlled costs over which the PPR, as the primary caretaker of the child, has direct control. This category includes clothing, personal care, entertainment, and miscellaneous expenses. The Appendix IX-F support awards (which represent marginal child-rearing costs) are based on expenditures of intact families that reside in one household. In shared-parenting situations both parents incur fixed and variable expenses for the child while the child resides in their individual households (in a PAR Time situation, it is assumed that the non-custodial parent incurs only variable expenses for the child). It is assumed that controlled expenses for the child are incurred only by the PPR since, generally, that parent manages the day-to-day needs of and expenditures for the child. The Appendix IX-F awards may not be appropriate in shared-parenting situations since they assume that the PPR incurs all expenses for the child and that the PAR has no expenses related to the child. To arrive at a fair support award in shared-parenting situations, the Appendix IX-F awards may need to be adjusted to accommodate each parent's time-adjusted fixed and variable expenses for the child. Since it is assumed that only the PPR incurs controlled expenses, the adjustment formula provides that such costs are shared by the parents in proportion to their relative incomes only, not in proportion to time spent with the children 13 250
(see note on controlled expenses at paragraph I). g. Assumptions of the Shared-Parenting Adjustment - The shared-parenting adjustment assumes that: (1) relative spending on children in the three broad consumption categories is as follows: 38% fixed expenses, 37% variable expenses, and 25% controlled expenses; (2) the PAR's fixed expenses are equal to: [2 x PAR's percentage of overnights x PPR's fixed expenses]. The PAR's fixed costs are pro-rated based on the time the child spends in the alternate household. For example, if the PAR spends 30% of overnights with the child, that parent is assumed to incur 60% of the PPR's fixed costs. The PPR's fixed costs remain static (i.e., the full 38% of the basic obligation; they are not reduced for the time the child is not in the household) since that parent must maintain the primary residence for the child at all times. The parents have equal fixed expenses only when time sharing is equal (i.e., fixed expenses are the same when the child spends the same amount of time in both households). (3) variable costs are incurred only when the child is in the parent's household and, thus, are apportioned based on each parent's percentage of overnights with the child. For example, if the child spends 30% of overnights with the PAR, that parent incurs 30% of the variable expenses for the child and the PPR's variable expenses are reduced by an equal proportion; (4) controlled expenses are incurred by the PPR only and, thus, are apportioned between the parents based on their income shares, not in relation to time spent with the children. h. Calculating the Shared-Parenting Adjustment Appendix IX-F sole-parenting awards are adjusted for shared-parenting by calculating the PAR's income share of the total two-household expenses (the basic support obligation plus the PAR's time adjusted-fixed expenses) for the child and then deducting the PAR's time-adjusted fixed and variable expenses for the child. This mechanism adjusts the award to accommodate the PAR's fixed and variable expenses incurred while the child is with that parent and the PPR's reduced variable expenses while the child is not in that parent's household. The PAR's income share of the net supplemental expenses (e.g., child care, court-approved special needs) is added to the PAR's adjusted basic obligation. Detailed instructions and a worksheet for calculating shared-parenting awards are provided in Appendices IX-B and IX-D respectively. i. Note on Controlled Expenses In shared-parenting situations, it is assumed that both parents incur fixed and variable costs. The shared-parenting adjustment formula allocates the total marginal fixed and variable costs between the parents based on their relative incomes and the time spent with the children. Controlled expenses (e.g., clothing, entertainment, and personal care items) are assumed to be incurred by the PPR only (i.e., the PPR is responsible for the day-to-day needs of the child which includes the purchase of these items). Therefore, controlled expenses are shared in proportion to the parents' incomes only -- such expenses are not time adjusted. Thus, no adjustment is made for direct expenditures made by a PAR for controlled items whether they be duplicated in the PAR's household (e.g., clothing) or made only while the child is present (e.g., entertainment). In some family situations, the PAR may incur expenses for some controlled items either by agreement or on a voluntary basis. The adjustment formula does not accommodate these situations because there is either no empirical data that segregates the expense item into specific percentage of consumption (e.g., entertainment) or the expense item is presumed to be with the autonomy of the PPR (e.g., clothing). Additionally, it is not always clear whether the duplication of these expenses is appropriate or necessary. If a PAR routinely incurs controlled expenses for the child either in addition to or as substitution for a controlled expense item assumed to be unilaterally provided by the 14 251
PPR, the PAR may rebut the controlled expense assumption when the award is being determined. If such a rebuttal is made, the court must decide whether the dual expenses are appropriate and necessary and, if so, how each controlled expense category should be treated (i.e., how much of the 25% represents the item in contention and whether it should be treated as a variable or fixed expense). j. Non-Compliance with Parenting Plan If an award is adjusted prospectively for shared-parenting time and the PAR, over a reasonable period, does not conform with the shared-parenting schedule included in a parenting plan or court order, the PPR may file an application with the Family Division requesting that the child support order be adjusted to reflect the level of PAR Time that is being exercised. A simple application for this purpose shall be made available to parents by the Family Division of the Superior Court to ensure that the affected children receive the financial support that is needed. If shared-parenting time was used to adjust the child support award and the court finds that the PAR, over a reasonable period, failed to comply with the shared-parenting schedule, the child support award shall be recalculated to reflect the actual PAR Time that is being exercised. Alternatively, the court may adjust the award to a zero shared-parenting level until the PAR shows that shared-parenting time is actually being exercised. Where possible, the court shall hear and decide applications to recalculate child support due to a parent's failure to comply with a sharedparenting schedule in a summary manner. The determination of the effective date of any modification shall be consistent with N.J.S.A. 2A:17-56.23a unless otherwise ordered by the court. If the court finds that a parent willfully failed to comply with a parenting time provision or entered into such a provision merely to reduce the child support award, it may award counsel fees to a PPR in addition to adjusting the amount of support as provided in this paragraph. 15.
Split-Parenting Arrangements
Split-parenting situations are those in which there are multiple children of the relationship and each parent has physical custody of at least one child. To determine the net support obligation in splitparenting situations, a separate sole-parenting award must be calculated considering each parent as the non-custodial parent (obligor) for the number of children in the custody of the other parent. Instead of transferring the calculated awards between parents, the two awards are subtracted. The difference of the two awards is the child support order to be paid by the parent with the higher sole-parenting award. If both parents serve as a PPR for at least one child of the relationship and the children share time with the other parent, the court should adjust each parent's award to accommodate shared-parenting costs in accordance with the principles explained in the PAR Time sections of this Appendix before the two awards are subtracted. 16.
Child in the Custody of a Third Party
If the child is in the custody of a third party (e.g., an aunt, uncle, or grandparent), the court shall order both parents to pay their income shares of the sole-parenting award to the third party for the benefit of the child. When a child has been placed in out-of-home care by a child protective services (CPS) agency, including the New Jersey Division of Child Protection and Permanency, on application or motion made at the request of the CPS agency as to one or both parents, the court may order the parent(s) to pay their income shares of the sole-parenting award to that agency. 17.
Adjustments for the Age of the Children
The child support schedules are based on child-rearing expenditures averaged across the entire age range of zero through 17 years (total expenditures divided by 18 years). This averaging means that awards for younger children are slightly overstated due to the higher level of expenditures for older children. If an award is entered while the child is very young and continues through age 18, the net effect is negligible. However, initial awards for children in their teens are underestimated by the averaging and should be adjusted upward to compensate for this effect. Due to limitations of the CEX and the Rothbarth estimator, a separate marginal cost for teenaged children could not be estimated. Based on Dr. Thomas 15 252
Espenshade's 1980 CEX study, the cost of children aged 12 through 17 was 14.6% above the average expenditures. Therefore, if the initial child support order is entered when a child is 12 years of age or older, that order and all subsequent orders shall be adjusted upward by 14.6%. Whenever the 14.6% adjustment is made, it should be noted in the guidelines worksheet or in the support order. This will clarify the basis of the order for future modifications or appeals. 18.
College or Other Post-Secondary Education Expenses
These child support guidelines are intended to apply to children who are less than 18 years of age or more than 18 years of age but still attending high school or a similar secondary educational institution. For the reasons set forth below, the Appendix IX-F support schedules shall not be used to determine parental contributions for college or other post-secondary (hereafter college) expenses nor the amount of support for a child attending college. The child support guidelines may be applied in the court's discretion to support for students over 18 years of age who commute to college. Duplicate Expenditures - Many costs associated with college attendance (e.g., room, board, transportation) are included in the Appendix IX-F child support guidelines awards. Thus, a parent who is ordered to pay a guidelines-based child support award and part of the child's college expenses is forced to make duplicate expenditures for the child (i.e., the PAR would be paying a share of the cost of food for the child to the primary household as well as a share of the cost of a meal plan or food allowance while the child is attending college). As a result, the level of total spending on the child would exceed that of intact families in a similar economic situation and the PAR's share of the total spending on the child would increase beyond his or her income share. Requiring duplicate expenditures for a child is inconsistent with spending patterns of intact families and the economic theory of the child support guidelines. Appendix IX-F Awards Represent Intact-Family Spending on Children up to Age 18 - The proposed Appendix IX-F support awards are based on the marginal cost of children who are less than 18 years of age and living in intact-family situations. The children on whom the support guidelines (average marginal expenditures) are based were minors who had not progressed beyond the high school level. Thus, the Appendix IX-F awards do not include any expenditures related to college attendance. Guidelines Awards Are Based on Average Costs - The proposed Appendix IX-F child support schedules represent total average spending on children (birth through age 18) who are living in an intact-family residence. Since the cost of college attendance is a large, variable expenditure, it is inappropriate to incorporate such an expense in the total average marginal costs of children. Including college costs in the Appendix IX-F support schedules would increase the recommended support awards for all family situations regardless of whether a family has a child who is actually attending college. Guidelines Awards Represent Basic Needs - The Appendix IX-F support schedules represent average marginal expenditures on children for food, housing, transportation, clothing, and miscellaneous items basic items needed by every child and provided by their parents. Since college education is a discretionary expense, it is inappropriate to commingle such costs with basic needs of children. When determining whether continued financial support for children attending college and/or parental contributions to college education are appropriate, the court shall consider relevant case law and statutes. In all cases, primary consideration shall be given to the continued support of minor children remaining in the primary residence by reapplying the child support guidelines for those children before determining parental obligations for the cost of post-secondary education and/or continued support for a child attending college. 19.
Determining Child Support and Alimony or Spousal Support Simultaneously
If child support and alimony, maintenance, or spousal support are being determined simultaneously (for the same family), the court shall determine the amount of alimony, maintenance, or spousal support before applying the child support guidelines, except when the court establishes pendente lite support. When applying the guidelines, the amount of alimony, maintenance or spousal support shall 16 253
be deducted from the paying parent's income (after adjusting for tax benefits, if any) and added to the recipient's income to determine each parent's gross income. This transfer method reflects the availability of income to each parent for the purpose of paying child support. 20.
Extreme Parental Income Situations
Although these guidelines apply to all actions to establish and modify child support awards, extremely low or high parental income situations make the Appendix IX-F awards inappropriate due to the limitations of the economic data. The guidelines listed below apply to extreme parental income situations. a. Obligors With Net Income Less Than the U.S. Poverty Guideline. If an obligor's net income, after deducting that person's share of the total support award, is less than 150% of the U.S. poverty guideline for one person (net income of $451 per week as of January 1, 2025 or as published annually in the Federal Register), the court shall carefully review the obligor's income and living expenses to determine the maximum amount of child support that can reasonably be ordered without denying the obligor the means of self-support at a minimum subsistence level. If an obligee's income minus the obligee's share of the child support award is less than 150% of the poverty guideline, no self-support reserve adjustment shall be made regardless of the obligor's income. In all cases, a fixed dollar amount shall be ordered to establish the principle of the parent's support obligation and to provide a basis for an upward modification should the obligor's income increase in the future. In these circumstances, the support award should be between$5.00 per week and the support amount at $180 combined net weekly income for the appropriate number of children. b. Parents with a Combined Net Annual Income in Excess of $187,200. If the combined net income of the parents is more than $187,200 per year, the court shall apply the guidelines up to $187,200 and supplement the guidelines-based award with a discretionary amount based on the remaining family income (i.e., income in excess of $187,200) and the factors specified in N.J.S.A. 2A:34-23. Thus, the maximum guidelines award in Appendix IX-F represents the minimum award for families with net incomes of more than $187,200 per year. An award for a family with net income in excess of $187,200 per year shall not be less than the amount for a family with a net income of $187,200 per year. Because estimates on the marginal cost of children in intact families with net incomes of more than $187,200 per year are either unreliable or unavailable, the court shall not extrapolate the Appendix IX-F schedules (statistically or by adding amounts from different income ranges) beyond that dollar limit. 21.
Other Factors that May Require an Adjustment to a Guidelines-Based Award
At the court's discretion, the following factors may require an adjustment to a guidelines-based child support award: a. equitable distribution of property; b. income taxes; c. fixed direct payments (e.g., mortgage payments); d. unreimbursed medical/dental expenses for either parent; e. tuition for children (i.e., for private, parochial, or trade schools, or other secondary schools, or post-secondary education); f. educational expenses for either parent to improve earning capacity; g. single family units (i.e., one household) having more than six children; 17 254
h. cases involving the voluntary placement of children in foster care; i. special needs of gifted or disabled children; j. ages of the children; k. hidden costs of caring for children such as reduced income, decreased career opportunities, loss of time to shop economically, or loss of savings; l. extraordinarily high income of a child (e.g., actors, trusts); m. substantiated financial obligations for elder care; n. substantiated financial obligations for a disabled family member; o. the tax advantages of paying for a child's health insurance; p. one obligor owing support to more than one family (e.g. multiple prior support orders); q. a motor vehicle purchased or leased for the intended primary use of a child subject to the support order; r. parties sharing equal parenting time; and s. overnight adjustment for multiple children with varying parenting time schedules. The court may consider other factors that could, in a particular case, cause the child support guidelines to be inapplicable or require an adjustment to the child support award. In all cases, the decision to deviate from the guidelines shall be based on the best interests of the child. All deviations from the guidelines-based award and the amount of the guidelines-based award must be stated in writing in the support order or on the guidelines worksheet. 22.
Stipulated Agreements.
In accordance with Rule 5:6A, if a child support amount in a stipulated or consent agreement differs from an award calculated using the support guidelines, the parties or their representatives shall state on a child support guidelines worksheet: (a) the amount of support that would have been awarded if calculated using the guidelines and (b) the reason that the stipulated amount differs from the guidelinesbased award. 23.
Modification of Support Awards.
Before using these guidelines to modify a child support award, the court must find that the circumstances of the parties have changed since the date that the order was entered (see Lepis v. Lepis, 83 N.J. 139 (1980) and Walton v. Visgil, 248 N.J. Super. 642 (App. Div. 1991)). In applying the guidelines in modification actions, the court shall consider the interrelationship of alimony or other financial factors that may have influenced the original child support amount as well as the principles set forth in existing case law. The adoption of revised child support guidelines is not an automatic basis for the modification of a child support order. To qualify for a modification, a party must file a motion with the court and show a change in circumstances, other than the adoption of revised guidelines, as specified in Lepis, supra, and other relevant case law. Also, see N.J.S.A. 2A:17-56.9a, Doring v. Doring, 285 N.J. Super. 369 (Ch.Div 1995), and R. 5:6B. 24.
Effect of Emancipation of a Child
18 255
If the guidelines were used to calculate a child support award for two or more children, the emancipation of a child shall not result in a proportionate reduction of the support order (i.e., based on the economic evidence, it is not appropriate to reduce an order for two children by half if one child becomes emancipated). Instead, child support award should be recalculated based upon the current income of the parents and the number of unemancipated children. 25.
Support for a Child Who has Reached Majority
These schedules are based on economic estimates of average intact-family expenditures on children from ages zero through 17. These guidelines shall not be used to determine a support obligation for a child who has reached majority (18 years of age) and who is no longer enrolled in high school or other secondary education. After a child reaches majority and completes secondary education, a support obligation, if found by the court to be appropriate, shall be determined in accordance with N.J.S.A. 2A:3423 and existing case law. 26.
Health Insurance for Children.
Unless the parents agree to an alternative health care arrangement, all child support orders shall provide for the coverage of the child's health care needs (i.e., medical and dental) and health insurance (when such insurance is available to either parent at a reasonable cost). The parent's marginal cost of adding a child to a health insurance policy shall be added to the basic child support award and deducted from the paying parent's income share of the total child support award (see Appendix IX-B). The following standards shall apply when determining if a health insurance provision is appropriate and which parent should provide health insurance for the child. a. The cost of health insurance is considered reasonable if it is employment related or available through a group plan, regardless of the service delivery mechanism, and does not reduce the net income of the obligor below 150% of the poverty guideline for one person (after paying the child support award) or the custodial parent's net household income below 150% of the poverty guideline for the number of persons in the primary household. If sufficient income is not available to pay child support and a health insurance premium without eroding these income reserves, priority shall be given to child support. b. Health insurance includes fees for service, health maintenance organizations (HMO), preferred provider organizations (PPO) and other types of private or public coverage under which medical services could be provided to the dependent child. c. When reasonably priced health insurance is available to only one parent, that parent shall be ordered to provide coverage for the child. d. If health insurance is available to both parents, the parent who can obtain the most comprehensive coverage at the least cost shall be ordered to provide health insurance for the child. Alternatively, both parents may be ordered to provide health insurance if it is available to them at a reasonable cost and the combination of plans provides the most comprehensive coverage. e. When neither parent has access to health insurance, the parents shall be ordered to share in health expenses in accordance with their relative incomes (see paragraph 9 for the treatment of predictable and recurring unreimbursed health care expenses in excess of $ 250 per child per year). f. If the custodial parent and the child receive Medicaid, the non-custodial parent shall be ordered to enroll the child in a health insurance plan if it is available at a reasonable cost. g. If health care insurance is not available to either parent at the time the support order is 19 256
established, the court shall require that health insurance coverage be obtained for the child if it becomes available to either parent in the future. The Probation Division shall monitor the availability of health insurance for the child. 27. Year
Unpredictable, Non-Recurring Unreimbursed Health Care In Excess of $250 Per Child Per
As stated in paragraph 9, predictable and recurring unreimbursed health care expenses in excess of $250 per child per year should be added to the basic support obligation. However, because the unreimbursed cost, duration, or incidence of some illnesses or health conditions are highly variable or unexpected, it may not be appropriate or practical to add them to the basic support obligation when the support award is being established. To acknowledge the possibility of unpredictable or non-recurring unreimbursed health-care expenditures, the court should order that such expenses, if incurred, be shared in proportion to each parent's relative income (income shares). Such payments should be made directly to the parent who made or will make the health care expenditure or directly to the health care provider (i.e., not through Probation). 28.
Distribution of Worksheets and Financial Affidavits
Immediately following the establishment or modification of a child support award, each party shall be provided with a copy of the support order and a copy of the child support guidelines worksheet. The original order, guidelines worksheet, and all financial affidavits shall be maintained in the Family Division case file. 29.
Background Reports and Publications
The reports listed below were either used during the development of the New Jersey child support guidelines or document the Supreme Court Family Practice Committee's findings and recommendations regarding the guidelines. Judiciary reports are available at the New Jersey State library and select city, county, and county courthouse libraries. Reports prepared for the U.S. Department of Health and Human Services are available from the U.S. Office of Child Support Enforcement Reference Center. a. David A. Macpherson, New Jersey Economic Basis for Updated Child Support Schedule, October 9, 2024. b. New Jersey Child Support Institute, Institute for Families, in cooperation with the Office of Child Support Services, Division of Family Development, Department of Human Services, Child Support Guidelines Quadrennial Review: Final Report, 2013. c. William M. Rodgers, III, New Jersey Economic Basis for Updated Child Support Schedule, Rutgers, The State University of New Jersey, Fifth Update: January 16, 2013. d. Margaret Campbell Haynes, Treatment of Social Security Disability Derivative Benefits, 2011. e. New Jersey Child Support Institute, Institute for Families, in cooperation with the Office of Child Support Services, Division of Family Development, Department of Human Services, Child Support Guidelines Working Forum Compendium, Fall 2009. f. New Jersey Supreme Court Family Practice Committee, 2007 - 2009 Final Report, January 20, 2009. g. New Jersey Supreme Court Family Practice Committee, 2004 - 2007 Final Report, January 12, 2007.
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h. Policy Studies, Inc., New Jersey Economic Basis for Updated Child Support Schedule, Report prepared for the New Jersey Administrative Office of the Courts, March 30, 2004. i. New Jersey Administrative Office of the Courts, Supplemental Report of the Supreme Court Family Division Practice Committee on Proposed Amendments to Appendix IX (Child Support Guidelines) of the New Jersey Court Rules, Report to the Supreme Court, October 1996. j. New Jersey Administrative Office of the Courts, Final Report of the Supreme Court Family Division Practice Committee on Proposed Revisions to the New Jersey Child Support Guidelines, Rule 5:6A and Appendix IX of the New Jersey Court Rules, Report to the Supreme Court, March 1996. k. Policy Studies, Inc., Economic Basis for Updated Child Support Schedules, State of New Jersey, Report prepared for the New Jersey Administrative Office of the Courts, April 1995. l. Mark Lino, Expenditures on Children by Families, 1994 Annual Report, U.S. Department of Agriculture, Center for Nutrition Policy and Promotion, Miscellaneous Publication 1528, April 1995. m. David M. Betson, Alternative Estimates of the Cost of Children from the 1980-86 Consumer Expenditure Survey, Report to the U.S. Department of Health and Human Services (Office of Assistant Secretary for Planning and Evaluation), University of Wisconsin Institute for Research on Poverty, September 1990. n. Lewin/ICF, Estimates of Expenditures on Children and Child Support Guidelines, Report to the U.S. Department of Health and Human Services (Office of Assistant Secretary for Planning and Evaluation), Lewin/ICF, October 1990. o. Robert G. Williams, Development of Guidelines for Child Support Orders, Final Report, Report to the U.S. Office of Child Support Enforcement, Policy Studies Inc., September 1987. Note: Adopted May 13, 1997 to be effective September 1, 1997; amended July 10, 1998 to be effective September 1, --1998; amended May 25, 1999 to be effective July 1, 1999; amended April 4, 2000 to be effective immediately; paragraph 10(b) redesignated as paragraph 10(c), new paragraph 10(b) adopted, paragraphs 19 and 21 amended July 5, 2000 to be effective September 5, 2000; paragraphs 7(h), 14(e), 20(a) amended April 2, 2001 to be effective immediately; paragraphs 7(h), 14(e), 20(a) amended March 12, 2002 to be effective immediately; paragraphs 4, 7(f), 9(d), 13(b)-(d), 14(c), 14(f), 14(j), 15 amended July 12, 2002 to be effective September 3, 2002; paragraphs 7(h), 14(e), 20(a) amended March 17, 2003 to be effective immediately; amended March 15, 2004 to be effective immediately; March 14, 2005 to be effective immediately; February 14, 2006 to be effective immediately; July 27, 2006 to be effective September 1, 2006; September 11, 2006 to be effective immediately; February 13, 2007 to be effective immediately; June 15, 2007 to be effective September 1, 2007; March 11, 2008 to be effective immediately; March 24, 2009 to be effective immediately; July 16, 2009 to be effective September 1, 2009; June 14, 2011 to be effective immediately; April 24, 2012 to be effective immediately; June 4, 2013 to be effective immediately; July 9, 2013 to be effective September 1, 2013; amended April 8, 2014 to be effective immediately; amended April 21, 2015 to be effective May 1, 2015; amended July 27, 2015 to be effective September 1, 2015; amended April 12, 2016 to be effective May 1, 2016; amended July 28, 2017 to be effective September 1, 2017; amended May 29, 2018 to be effective June 1, 2018; amended May 9, 2019 to be effective June 1, 2019; amended July 29, 2019 to be effective September 1, 2019; amended to be effective June 1, 2020; amended to be effective June 1, 2021; paragraphs 7(h), 20(a), and 26(a) amended July 30, 2021 to be effective September 1, 2021; paragraphs 7(h), 14(e), and 20(a) amended March 15, 2022 to be effective June 1, 2022 paragraph 12 and 26 amended August 5, 2022 to be effective September 1, 2022; paragraph 7(h), 14(e) and 20(a) amended May 22, 2023; paragraph 7(h), 14(e), and 20(a) amended April 2, 2024 to be effective June 1, 2024; paragraphs 7(h), 14(e), and 20(a) amended April 8, 2025 to be effective June 1, 2025; paragraph 5, 6, 7, 28 and 29 amended July 31, 2025 to be effective September 1, 2025.
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Appendix IX-B USE OF THE CHILD SUPPORT GUIDELINES – SOLE PARENTING (Includes Amendments Through Those Effective June 1, 2025) GENERAL INFORMATION Completion and Filing of the Worksheet A child support guidelines worksheet must be completed and made part of the permanent Family Division case file for each child support order established or modified using the child support guidelines. Use of Weekly Amounts All financial information entered on the worksheets must be based on weekly amounts. For monthly amounts, divide by 4.3. For annual amounts, divide by 52. Rounding to Whole Dollars and Percentages Dollars and percentages (ratios) should be rounded to whole numbers. Amounts less than 50 cents should be dropped. For example, $340.35 is $340. Increase amounts that are 50 cents or more to the next whole dollar. For example, $540.58 is $541. Percentages (ratios) should be rounded to two decimal places in the same manner. For example, 0.343 is 0.34 and 0.456 is 0.46. Defining Parental Roles Sole Parenting - A Custodial Parent is a parent who has physical custody of the children and provides for their needs on a day-to-day basis. This parent is generally the obligee of the support order. A Non-Custodial Parent is a parent who does not have physical custody of the children on a regular basis but may exercise periodic PAR Time privileges (if time sharing exceeds the substantial equivalent of two or more overnights per week, a shared-parenting situation may exist). This parent is generally the obligor of the support order. See Appendix IX-A, paragraph 13. Shared Parenting - A Parent of Primary Residence (PPR) is a parent who provides a residence for the child for more than 50% of overnights annually or, if sharing is equal, provides the residence for the child while he or she is attending school. The PPR may be either the obligee or obligor depending on the parents' income and amount of time spent with the child. A Parent of Alternate Residence (PAR) is a parent who provides an overnight residence for the child when he or she is not with the PPR. See Appendix IX-A, paragraphs 14(b) and 14(c). Selection of a Worksheet Sole Parenting - The Sole-Parenting Worksheet (Appendix IX-C) shall be used in the following cases: no time sharing (i.e., the child resides with a parent 100% of the time), shared parenting (PAR Time) below the substantial equivalent of two or more overnights per week (28% of overnights), split-parenting (i.e., multiple children; at least one child residing with each parent), and shared-parenting situations in which an adjusted award results in the PPR's net household income falling below the PPR household income reserve set forth in Appendix IX-A, paragraph 14(d). Shared Parenting - The Shared-Parenting Worksheet (Appendix IX-D) shall be used if the Parent of Alternate Residence has the child for the substantial equivalent of two or more overnights per week, excluding extended PAR time (e.g., vacations) and has shown that separate living accommodations for the child are provided in the alternate household (see shared parenting standards in Appendix IX-A, paragraph 14(c)).
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LINE INSTRUCTIONS FOR THE SOLE-PARENTING WORKSHEET Caption Enter the names of the parties, the county of venue, the docket number, and the number of children for whom support is being determined. Check-off whether the custodial parent is the plaintiff or defendant. Lines 1 through 5 - Determining Income Gross Income - For the purpose of these guidelines, gross income is all earned and unearned income that is recurring or will increase the income available to the recipient over an extended period of time. When determining whether an income source should be included in the child support guidelines calculation, the court should consider if it would have been available to pay expenses related to the child if the family would have remained intact or would have formed and how long that source would have been available to pay those expenses. Sources of Income - Gross income, includes, but is not limited to, income from the following sources: a. compensation for services, including wages, fees, tips, and commissions; b. the operation of a business minus ordinary and necessary operating expenses (see IRS Schedule C); c. gains derived from dealings in property; d. interest and dividends (see IRS Schedule B); e. rents (minus ordinary and necessary expenses - see IRS Schedule E); f. bonuses and royalties; g. alimony and separate maintenance payments received from the current or past relationships; h. annuities or an interest in a trust; i. life insurance and endowment contracts; j. distributions from government and private retirement plans including Social Security, Veteran's Administration, Railroad Retirement Board, deferred compensation, Keoughs and IRA's; k. personal injury awards or other civil lawsuits; l. interest in a decedent's estate or a trust; m. disability grants or payments (including Social Security disability); n. profit sharing plans; o. worker's compensation; p. unemployment compensation benefits; q. overtime, part-time and severance pay; r. net gambling winnings; s. the sale of investments (net capital gain) or earnings from investments; t. income tax credits (excluding the federal and state Earned Income Credit and the N.J. homestead rebate); Income from self-employment or operation of a business. [no change] u. unreported cash payments (if identifiable); v. the value of in-kind benefits; and w. imputed income (see Appendix IX-A, paragraph 12). Income from self-employment or operation of a business. a. For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, gross income is gross receipts minus ordinary and necessary expenses required for self-employment or business operation. Personal income from the operation of a business includes all income sources listed above and potential cash flow resulting from loans taken from the business. b. Income and expenses from self-employment or the operation of a business should be carefully reviewed to determine gross income that is available to the parent to pay a child support obligation. In most cases, this amount will differ from the determination of business income for tax purposes.
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c.
Specifically excluded from ordinary and necessary expenses, for the purposes of these guidelines, are expenses allowed by the IRS for: (1) the accelerated component of depreciation expenses; (2) first-year bonus depreciation; (3) depreciation on appreciating real estate; (4) investment tax credits; (5) home offices; (6) entertainment; (7) travel in excess of the government rate; (8) non-automobile travel that exceeds standard rates; (9) automobile expenses; (10)voluntary contributions to pension plans in excess of 7% of gross income; and (11) any other business expenses that the court finds to be inappropriate for determining gross income for child support purposes.
Sporadic Income a. If income from any source is sporadic or fluctuates from year-to-year (e.g., seasonal work, dividends, bonuses, royalties, commissions), the amount of sporadic income to be included as gross income shall be determined by averaging the amount of income over the previous 36 months or from the first occurrence of its receipt whichever time is less. b. For overtime pay or income from a second job, the average is based on the prior 12 months or first receipt whichever time is greater. The court may exclude sporadic income if the party can prove that it will not be available in an equivalent amount in the future. c.
The court may exclude sporadic income if the party can prove that it will not be available in an equivalent amount in the future.
Military Pay - All military pay and allowances shall be included as gross income for determining child support (see Rose vs. Rose, 107 S.Ct. 2029 (1987)). a. All service members receive Basic Allowance for Quarters (BAQ) and Basic Allowance for Subsistence (BAS) or live in government accommodations and eat at mess halls for free. If BAQ and BAS are not received due to government-provided accommodations and food, the value of such in-kind income may be included in the service member's gross income. b. BAQ, BAS, and Variable Housing Allowances (VHS) are considered income for the purposes of determining child support. These forms of income are not subject to tax. In-Kind Income - The fair-market value of goods, services, or benefits received in lieu of wages and in the course of employment shall be included as gross income if they reduce personal living expenses of the recipient regardless of whether they are derived from an employer, self-employment, or the operation of a business. Examples of in-kind goods, services and benefits include vehicles, automobile insurance, free housing, meals, benefits selected under a cafeteria plan, memberships, or vacations. Expense reimbursements are not considered income. Alimony, Spousal Support, and/or Separate Maintenance - Alimony, spousal support, or separate maintenance payments received from a spouse or former spouse in accordance with a court order are considered income to the recipient. If child support and alimony, spousal support, or separate maintenance are being determined simultaneously (for the same family), the court should set the alimony, spousal support, or separate maintenance first and include that amount in the recipient's gross income (on Line 1c or Line 4b) before applying the child support guidelines, except in pendente lite situations. Alimony, spousal support, or maintenance payments that are being paid to former spouses or will be paid in the future (to the
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spouse in the current action) are deducted from the payor's income (on Line 1b or Line 4a). The Tax Cut and Jobs Act of 2017 impacted the tax consequences of alimony, spousal support, or separate maintenance, resulting in significantly more cases in which alimony will not be taxable for the recipient or tax-deductible for the payor. There are other reasons that some alimony may not qualify as taxable and deductible under federal law. Alimony that is taxable and deductible will be entered on Lines 1b and 1c. Alimony that is non-taxable and non-deductible will be entered on Lines 4b and 4c. Types of Income Excluded from Gross Income - The following types of income are excluded from gross income: a. means-tested income (i.e., based on the fact that the recipient has minimal income and requires government assistance to live) including, but not limited to, Temporary Assistance to Needy Families (TANF), Deficit Reduction Act (DEFRA), General Assistance, Refugee Assistance, rent subsidies, Supplemental Needs Assistance Program (SNAP), Supplemental Security Income for the Aged, Blind or Disabled (SSI); and Social Security concurrent SSI and Disability or SSI and Retirement benefits (all of the concurrent benefit is excluded); b. alimony, spousal support, or separate maintenance payments (the net amount after deducting the tax benefits, if any) to a current or former spouse; c. child support received for children of another relationship; d. non-income producing assets (e.g., undeveloped real estate, automobiles, jewelry, art, stocks and bonds) unless the court finds that the intent of the investment was to avoid the payment of child support; e. income from children, unless the court determines that such income should be included because the child is a professional or has substantial income that reduces the family's living expenses; f. income from other household members (e.g., step-parents, grandparents, current spouse) who are not legally responsible for the support of the child for whom support is being established except to determine the other-dependent credit (the income of the current spouse may be included if an otherdependent deduction is requested - see Appendix IX-A, paragraph 10); g. for modifications involving retirement income, the pro-rated amount of contributions to a voluntary plan that were previously included in gross income when the current support order was established; h. financial assistance for education including loans, grants, scholarships, veteran's education benefits, and awards provided under the National and Community Service Act of 1990 (except postservice benefits); and i. federal earned income tax credits. Collecting and Verifying Income Information a. Prior to the commencement of a hearing to establish or modify child support, the parties shall submit either a Case Information Statement (R. 5:5-2) or a Financial Statement in Summary Support Actions (R. 5:5-3) to the court. b. When possible, the court should determine gross income as follows: (1) Prior to June 30 of the current year, use Federal and State income tax returns, W-2 statement(s) and IRS 1099's from the preceding year. If tax documentation is unavailable, use any other available evidence of current earnings (e.g., paystubs, employer wage verifications, or, for the selfemployed, statements of business receipts and expenses). If a joint income tax return includes income of a person other than one of the parties involved in the support proceeding (e.g., a current spouse), the taxpayer or that person's attorney shall be responsible for the redaction of the tax return. (2) After June 30, use the year-to-date income figure from all documented sources listed above. Divide the total gross income from all sources by the number of employed weeks to determine the weekly gross income. (3) If no income documentation is available, income may be determined through testimony or imputed as set forth in Appendix IX-A, para. 10.
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Note on Income Documentation: The review of a paystub, W-2 form, IRS-1099 form or tax return may not provide all necessary income information for a parent. The accurate determination of income may be dependent on a combination of these documents and testimony. Also, note that a parent may have more than one W-2 wage statement if that person worked for multiple employers during the year. Taxable and Non-Taxable Income - Before determining Net Income, gross income must be separated into taxable and non-taxable portions to ensure that withholding taxes are deducted only from taxable gross income. Generally, the types of income listed below are not subject to tax. Other types of income may be non-taxable depending on the status of the taxpayer or the source of income. For more information on taxable and non-taxable income, refer to IRS Publication 525 (Taxable and Non-Taxable Income) or, for New Jersey income taxes, see N.J.S.A. 54A:6-1 and NJ-WT. The following items are considered income to the parents, but should not be used to calculate withholding or income taxes when determining net income. 1. Income Not Subject to Federal Income Tax a. Accident and health insurance proceeds; b. Black-lung benefits; c. Child support payments; d. Federal Employees Compensation Act payments; e. Interest on state or local obligation; f. Scholarships and fellowships grants; g. Veteran's benefits; h. Worker's compensation; i. Life insurance proceeds paid due to death of the insured; j. Social Security benefits. However, if the taxpayer has income of more than $25,000 if single or $32,000 if married and filing a joint return some of the benefits may be taxable (see IRS Publication 915); k. Casualty insurance and other reimbursements; and l. Earnings from tax-free government bonds or securities. 2. Income Not Subject to New Jersey State Income Tax a. Federal Social Security benefits; b. Railroad Retirement benefits; c. Proceeds of life insurance contracts payable by reason of death; d. Employee's death benefits; e. The value of property acquired by gift, bequest, devise or inheritance except income from any such property or if the gift, bequest, devise or inheritance is income; f. Amounts received under worker's compensation including income from suits, agreements, accident or health insurance resulting from personal injuries or sickness; g. Compensation paid by the United States for services in the Armed Forces performed by an individual not domiciled in New Jersey; h. Grants or scholarships received from education institutions; i. Payments of up to $10,000 for a married couple filing jointly, $5,000 for a married couple filing separately and $7,500 for a single taxpayer from an annuity, endowment or life insurance contract or payments of any such amount received as pension, disability or retirement benefits for persons at least 62 years old or disabled under Social Security; j. New Jersey Lottery winnings of $10,000 or less; k. Permanent and total disability benefits under a public or private plan and certain accident/health insurance benefits including Veteran's benefits; l. Unemployment Insurance and Temporary Disability benefits; m. Interest on obligations issued by the State or any county, municipality, school or other governmental body of New Jersey and obligations statutorily free from tax under State or federal law; n. Amounts contributed by an employer on behalf of an employee to a trust which meets the requirements of IRC section 401(K) are not taxable in the year when made; o. Earnings from tax-free government bonds or securities; and
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p. Income Tax Refunds (state or federal). Note on Social Security Taxes: Social Security tax withholding (FICA) for high-income persons may vary during the year. In the early part of the year, 6.2% is withheld on the first $176,100 of gross earnings (for wage earners in 2025). After the maximum $10,918 is withheld, no additional FICA taxes are withheld. Thus, pay stubs issued early in the year may understate net income, while those issued later in the year may overstate it. To estimate weekly FICA taxes, amortize the annual FICA tax using the number of weeks employed or use the Appendix IX-H combined tax tables. Note that self-employed persons must pay the full FICA tax (12.4%) up to the $176,100 limit on all earned income. Note on Medicare Taxes: 1.45% of gross earnings is withheld for Medicare taxes. Note that self-employed persons must pay the full Medicare tax rate (2.9%) on all earned income. In addition to withholding Medicare tax at 1.45%, a 0.9% Additional Medicare Tax is withheld from wages in excess of $200,000 in a calendar year. The 0.9% Additional Medicare Tax also applies to self-employed persons (there is no employer share of Additional Medicare Tax). Analyzing Income Tax Returns - For assistance in analyzing income tax returns to determine parental income, see American Bar Association, Section of Family Law, The 1040 Handbook: A Guide to Income and Asset Discovery, Sixth Edition, 2014. Government Benefits for the Child - Government benefits for children fall into three categories. Each is described below along with its treatment in calculating child support. a. Means-tested benefits - Benefits based on the fact that the child or parent has minimal income and requires government assistance. This includes, but is not limited to, Temporary Assistance to Needy Families (TANF), Deficit Reduction Act (DEFRA), Refugee Assistance, rent subsidies, food stamps (SNAP), and Supplemental Security Income for the Aged, Blind or Disabled (SSI), kinship guardian subsidies. Means-tested benefits for the child are excluded as income (not counted for either parent). b. Derivative benefits - Benefits based on the contribution (e.g., work history, military service, disability, or retirement) of one of the parties is an essential factor in the child's eligibility for the benefit, without regard to family income. This includes but is not limited to Social Security Disability, Social Security Retirement, Black Lung, and Veteran's Administration benefits. The derivative benefit is counted as income (on Line 5) for the parent whose contribution is the source of the benefit. If the benefit is based upon contribution of the NonCustodial Parent, he or she will also receive a credit for the benefit (on Line 15). c. Other benefits - Benefits that are obtained without regard to family income or contribution (e.g., work history, military service, disability, or retirement) of either party. This includes, but is not limited to, adoption subsidies and Social Security benefits based on the work history of a non-party relative, such as a step-parent, grandparent, or deceased parent. This benefit is counted as income (on Line 5) for the parent who actually receives the financial benefit (usually the custodial parent). Line 1 - Gross Taxable Income Enter the weekly gross taxable income of each parent in the appropriate Line 1 column. Non-taxable income is entered on Line 4. Line 1a - Mandatory Retirement Contributions Enter the weekly mandatory retirement contributions for each parent in the appropriate Line 1a column. Contributions to retirement or pension plans that are mandatory (i.e., required as a condition of employment) are not considered income for determining child support obligations. Since mandatory pension contributions are generally non-taxable, the amount of such payments must be deducted from gross income before withholding taxes and the Adjusted Gross Taxable Income are calculated. Voluntary payments to Deferred
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Compensation Plans (e.g., 401K, 414B), Keoughs, and IRA's should not be deducted from gross income. Calculate the weekly amount of mandatory retirement contributions by dividing the year-to-date contributions by the number of weeks employed or by using an average of the prior year's contributions. Line 1b - Tax-Deductible Alimony Paid If alimony is tax deductible for the payor of alimony enter the weekly amount of alimony or other form of spousal support that is paid or will be paid to a former spouse in the appropriate Line 1b column. When established simultaneously with child support (for the same family), the amount of alimony, spousal support, or separate maintenance should be determined before the child support guidelines are applied, except in pendente lite applications. Once the amount of alimony, spousal support, or separate maintenance is set, it is deducted from the payor's gross income and added to the recipient parent's gross income for the purposes of calculating a child support award using the guidelines. Line 1c - Taxable Alimony Received If alimony is taxable for the recipient of alimony, enter the weekly amount of alimony or other spousal support that is received or will be received from a former spouse (i.e., includes payments from the current as well as any past relationships) in the appropriate Line 1c column. To determine whether a payment from a former spouse is considered alimony or separate maintenance, see 26 U.S.C. 71. For non-tax-deductible alimony paid and non-taxable alimony received, see Line 4a and Line 4b. To determine whether a payment from a former spouse is considered alimony or separate maintenance, see 26 U.S.C. 71. Line 2 - Adjusted Gross Taxable Income Subtract mandatory retirement contributions and tax deductible alimony paid from the gross taxable income and add any taxable alimony received to the gross taxable income to obtain the adjusted gross taxable income. Enter each parent's adjusted gross taxable income in the appropriate Line 2 column. [Math: Line 1 Line 1a - Line 1b + Line 1c] Line 2a - Withholding Taxes Enter each parent's combined weekly federal, state, and local withholding taxes in the appropriate Line 2a column. Once the taxable portion of gross income is determined, the combined federal, state, city (if applicable), Social Security, and Medicare withholding taxes are deducted. As set forth below, four methods are available to determine the amount of combined income tax withholding to be deducted from gross income 1. Combined Income Tax Withholding Tables (Appendix IX-H) - To use the combined tax withholding tables, the gross taxable income and the number of dependent children eligible for the federal income tax credit (eligible dependents) must be known. (To determine eligibility, see IRS Form W-4 and 26 U.S.C.A. § 24). NOTE: The combined tax withholding table may not result in the correct tax withholding amount if significant portions of the parent's income are not subject to FICA/Medicare tax (e.g., alimony, rents, dealings in property, interest income), if wages for federal income tax and the FICA/Medicare tax differ, or if the parent is self-employed (requires payment of the full FICA/Medicare tax rate on 92.35% of income - see IRS Pub. 533 or Schedule SE). Generally, unearned income is not subject to the FICA/Medicare tax. See the notes at the end of the Appendix IX-H combined tax withholding table. 2. End-of-Year Tax Obligations - If the award is being calculated before June 30 of the current year
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and the prior year's federal and state income tax return forms, and Forms W-2 are available, the tax obligation may be calculated as follows: a. add the end-of-year income tax obligation (i.e., total tax) from the federal and state tax return forms, the W-2 Social Security tax withheld, and the W-2 Medicare tax withheld. b. divide the sum of the taxes by 52. 3. Year-to-Date Calculation - If the award is being calculated after June 30 of the current year and a check stub (which represents the parent's only income source) is available, add the year-to-date federal, state, Social Security and Medicare withholding taxes and divide the sum by the number of weeks employed. 4. Self-Employed Persons - For persons whose income is derived from self-employment or the operation of a business, the court should carefully review personal and business income tax returns (State and federal) and IRS-1099 statements from the most recent tax year to determine the amount of taxes to be deducted from gross income. Note: the method of determining withholding taxes and each parent's number of eligible dependents and marital status must be documented in the Comments section (Line 6) of the worksheet. Line 2b - Mandatory Union Dues Enter each parent's weekly mandatory union dues in the appropriate Line 2b column. Union dues must be mandatory (i.e., required as a condition of employment) to be eligible as a deduction from a parent's adjusted gross income. Calculate the weekly amount of mandatory union dues by dividing the year-to-date dues paid by the number of employed weeks or by using an average of the prior year's dues payments. Line 2c - Child Support Orders for Other Dependents Enter the weekly amount of court ordered child support of either parent for other legal dependents in the appropriate Line 2c column. The child support orders for other dependents are part of an adjustment mechanism to apportion a parent's income to all legal dependents including those born before or after the children for whom support is being determined. The adjustment requires that three support obligations be considered - (1) the court ordered support for the other dependents in the alternate family, (2) a support obligation that includes the court ordered support for the other dependents, and (3) a support obligation that does not include the court ordered support for the other dependents. Line 2d - Other-Dependent Deduction Enter the theoretical weekly child support obligation for other legal dependents (from Line 14 of the SoleParenting worksheet prepared for the alternate family) on Line 2d of the worksheet of the parent requesting the adjustment. The Line 14 amount represents the parent's income share of the total marginal costs for the children in the alternate family. The obligation amount for other legal dependents (the other-dependent deduction) should be calculated on a separate Sole-Parenting Worksheet. The other-dependent deduction is part of an adjustment mechanism to apportion a parent's income to all legal dependents including those born before or after the children for whom support is being determined. Legal dependents include adopted or natural children of either parent who are under 18 years of age or over 18 years of age and still attending high school or other secondary school. No adjustment is provided for stepchildren. Generally, stepchildren are considered the legal responsibility of their natural parents unless the court determines that a stepparent has a legal obligation to support the child. The adjustment requires that three support obligations be calculated - a theoretical support obligation for the
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other dependents in the alternate family, a support obligation that includes the other-dependent deduction, and a support obligation that does not include the other-dependent deduction. The deduction and the adjusted support obligation are calculated only if [requested by a serial family parent and] the income of the other parent in the alternate family is provided to the court. 1. The amount of the deduction is the serial parent's theoretical support obligation for the other legal dependents. It requires that a separate Sole-Parenting child support guidelines worksheet be completed (through Line 14) for the children in the alternate family with the serial parent being the theoretical obligor of those children. The deduction is calculated based on the income of the parent claiming the deduction and the income of that person's current spouse. 2. A parent must disclose the gross income of the other parent in the alternate family as a condition to the right to claim this deduction. If the other parent in the secondary family is voluntarily unemployed or underemployed, the court may impute income to that person to determine the parent's obligation to the children in the secondary family. 3. The amount of the deduction shall not be calculated for alternate families having more than six children. In such cases, the court may find that the guidelines are inapplicable and may establish the child support award based on the factors set forth in N.J.S.A. 2A:34-23 and existing case law. Line 3 - Net Taxable Income Subtract the combined withholding tax, child support orders for other dependents, mandatory union dues, and the other-dependent deduction*, if any, from the Adjusted Gross Taxable Income to obtain the Net Taxable Income. (Math: Line 2 - Line 2a - Line 2b - Line 2c - Line 2d). Enter each parent's Net Taxable Income in the appropriate Line 3 column. *If the other-dependent adjustment is applied, three worksheets must be prepared: (1) one calculating the parent's obligation for other dependents in the secondary family, (2) one calculating a support award after deducting the obligation from the parent's net income, and (3) one calculating the support award as if there were no other dependents (i.e., the obligation without consideration of other dependents). Thus, financial obligations for other dependents are not always deducted when figuring net income. The support award is adjusted for other dependents at the end of the worksheet (Lines 22 through 24). Line 4 - Non-Taxable Income Enter each parent's weekly gross non-taxable income in the appropriate Line 4 column. Enter the source or type of non-taxable income in the space provided on Line 4 or in the Comments section of the Worksheet. Line 4a - Non-Taxable-Deductible Alimony Paid If alimony is non-tax-deductible for the payor, enter the weekly amount of alimony or other form of spousal support that is paid or will be paid to a former spouse in the appropriate Line 4a column. When established simultaneously with child support (for the same family), the amount of alimony, spousal support, or separate maintenance should be determined before the child support guidelines are applied, except in pendente lite situations. Once the amount of alimony, spousal support, or separate maintenance is set, it is deducted from the payor's gross income and added to the recipient parent's gross income for the purposes of calculating a child support award using the guidelines. Line 4b - Non-Taxable Alimony Received If alimony is non-taxable for the recipient, enter the weekly amount of alimony or other spousal support that is received or will be received from a former spouse (i.e., includes payments from the current as well as any past relationships) in the appropriate Line 4b column. For tax-deductible alimony paid and taxable alimony received, see Line 1b and 1c. To determine whether a payment from a former spouse is considered alimony or separate maintenance, see 26 U.S.C. 71.
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Line 5 - Government (Non-Means Tested) Benefit for the Child Government benefits for children fall into three categories. Each is described below along with its treatment in calculating child support. a. Means-tested benefits - Benefits based on the fact that the child or parent has minimal income and requires government assistance. This includes, but is not limited to, Temporary Assistance to Needy Families (TANF), Deficit Reduction Act (DEFRA), Refugee Assistance, rent subsidies, food stamps (SNAP), and Supplemental Security Income for the Aged, Blind or Disabled (SSI), kinship guardian subsidies. Means-tested benefits for the child are excluded as income (not counted for either parent). Leave blank Line 5. b. Derivative benefits - Benefits based on the contribution (e.g., work history, military service, disability, or retirement) of one of the parties is an essential factor in the child's eligibility for the benefit, without regard to family income. This includes but is not limited to Social Security Disability, Social Security Retirement, Black Lung, and Veteran's Administration benefits. Enter the weekly amount of the derivative benefit on Line 5 of the parent whose contribution is the source of the benefit (i.e., if the Non-Custodial Parent's work history and disability qualify the child for Social Security benefits, the benefit for the child will be included on Line 5 Non-Custodial Parent). Note, if the benefit is based upon contribution of the Non-Custodial Parent, he or she will also receive a credit for the benefit on Line 15. c. Other benefits - Benefits that are given without regard to family income or contribution (e.g., work history, military service, disability, or retirement) of either party. This includes, but is not limited to, adoption subsidies and Social Security benefits based on the work history of a non-party relative, such as a step-parent, grandparent, or deceased parent. Enter the weekly amount of this benefit on Line 5 of the parent who actually receives the financial benefit (usually the custodial parent). Line 6 - Net Income Add the Net Taxable Income and the Non-Taxable Income to obtain the weekly Net Income. [Math: Line 3 + Line 4 + Line 5]. Enter each parent's Net Income in the appropriate Line 6 column. Add the net incomes of the parents to obtain the Combined Net Income [Math: Line 6 Custodial Parent + Line 6 Non-Custodial Parent = Line 6 Combined]. Enter the result on Line 6, Combined. Line 7 - Each Parent's Share of Income Divide each parent's net income by the combined net income to obtain each parent's percentage share of income. [Math: Line 6 Custodial Parent / Line 6 Combined = Custodial Parent Line 7 Share of Income; Line 6 Non-Custodial Parent / Line 6 Combined = Non-Custodial Parent Line 7 Share of Income]. The sum of the two percentages (ratios) must equal one (the decimal equivalent of 100%). Enter each parent's income share in the appropriate Line 7 column. Line 8 - Basic Child Support Amount Look up the Basic Child Support Amount from Appendix IX-F award schedule. Select the appropriate amount for the number of children for whom support is being determined and the Line 6 combined net income of the parents. Enter the Basic Child Support Amount on Line 8. The parents' combined net income and the number of children for whom support is being determined are used to obtain the basic child support amount from the Appendix IX-F schedules. Appendix IX-F combined net incomes are provided in $10 increments. For incomes that fall between income increments, go to the next higher income increment if the amount is $5.00 or more (e.g., if the combined income is $446, use the award for $450 combined income; if it is $444, use the award for $440). As explained in Appendix IX-A, the basic child support amount represents average spending on children by intact families (see Appendix IX-A for consumption items included and excluded in the Appendix IX-F basic child support amount).
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Line 9 - Adding Net Work-Related Child Care Costs to the Basic Obligation Calculate net work-related child-care costs using the Appendix IX-E Net Child Care Expense Worksheet. Enter the weekly net child-care cost (from Line 8 of Appendix IX-E Worksheet) on Line 9. Since child care expenses are excluded from the Appendix IX-F child support schedules, such costs, if incurred by either parent, must be added to the basic support amount. 1. Qualified Child Care Expenses. Qualified child care expenses are those incurred to care for a dependent who is under the age of 15 or is physically or mentally handicapped. These expenses must be necessary for the employment or job search of the parent. Child care expenses should be reasonable and should not exceed the level required to provide quality care for the child(ren) from a licensed source. Only the net cost of child care (after the federal and New Jersey tax credits are deducted) is added to the basic award. It is assumed that the parent paying for child care will apply for and receive the federal child care tax credit at the end of the tax year. 2. Determining the Net Child Care Cost a. Calculate the Adjusted Gross Income (AGI) of the parent paying for child care by deducting moving expenses, one-half of the self-employment tax, IRA and Keough contributions, penalties on early withdrawal of savings, self-employment health insurance cost, and tax deductible alimony paid from that parent's gross income. If this information is not available, use the parent's gross income (Line 1 + Line 4). b. Determine the annual child-care cost. c. Complete the Net Child Care Expense Worksheet in Appendix IX-E to find the weekly net child-care cost to be added to the basic support amount. Line 10 - Adding Health Insurance Costs for the Child to the Basic Obligation Enter the parent's weekly cost of health insurance for the child for whom support is being determined on Line 10. If the parent's weekly marginal cost is unknown at the time of the hearing, use the per capita cost of a family policy at the parent's place of work. Do not include health insurance costs for adults or other dependents. Since the cost of health insurance for children is excluded from the Appendix IX-F child support schedules, a parent's contributions to a health insurance policy which includes the child for whom support is being determined must be added to the basic support amount. Only the parent's cost of adding the child to the health insurance (medical and dental) policy is added to the basic support amount (i.e., the marginal premium cost to the parent to add the child to the policy). If the parent who is providing the health insurance has no proof of the cost of adding the child to the health insurance policy, the parent's total premium cost should be divided by the number of persons covered by the policy (per capita). The result is then multiplied by the number of children for whom support is being determined to obtain the child's estimated share of the health insurance cost. For example, if the parent's total health insurance cost is $60 per week and there are four persons covered by the policy (the parent, the two children who are the subjects of the support order, and a new spouse), the per capita health insurance cost for the two children is $30 (($60 / 4 persons = $15) x 2 children = $30). If both parents provide health insurance for the child, each parent's marginal cost of adding the child to the policy should be added together to determine the total health insurance cost for the child. If the cost of the health insurance policy is unknown at the time of the support establishment hearing, the parent may apply for a modification of the support order when such information becomes available. Line 11 - Adding Predictable and Recurring Unreimbursed Health Care to the Basic Obligation Enter the weekly unreimbursed cost of any health care, if predictable and recurring, for the child that exceeds $250 per child per year on Line 11. Costs under $250 per child per year - Unreimbursed health care expenses (medical and dental expenses not covered by insurance) up to and including $250 per child per year are included in the Appendix IX-F child support schedules and are assumed to be paid by the custodial parent. Because they are part of the basic child support amount, these ordinary health care expenses are shared in proportion to the relative
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incomes of the parents. Predictable, Recurring Costs above $250 per child per year - Unreimbursed health care expenses in excess of $250 per child per year are excluded from the child support schedules. If such expenses are predictable and recurring, they should be added to the basic support amount using Line 11. The court should consider the duration and recurring nature of unreimbursed health care expenses prior to adding them to the basic support amount. If both parents provide predictable, recurring unreimbursed health care for the child, the cost to each parent should be added together to determine the total unreimbursed health care costs. Each parent's direct health care expenses for the child above the $250 per child annual threshold are credited against this or her share of the total support award on Line 18. Unpredictable, Non-Recurring Costs above $250 per child per year - Health-care expenses for a child that exceed $250 per child per year that are not predictable and recurring should be shared between the parents in proportion to their relative incomes as incurred. Since these expenses are not included in the support award, the procedure for sharing such costs should be set forth in the general language of the order or judgment. Line 12 - Adding Court-Approved Predictable and Recurring Extraordinary Expenses to the Basic Support Amount Enter court-approved predictable and recurring costs for the child on Line 12. If approved by the court, predictable and recurring extraordinary expenses for the child that are not included in the Appendix IX-F child support awards may be added to the basic support amount. Examples of extraordinary expenditures are PAR Time transportation expenses, special diets, and private education costs for gifted or handicapped children. See Appendix IX-A, paragraph 8, for a list of items that are included in the Appendix IX-F awards and an explanation of private education expenses that may be added to the basic support amount. Extraordinary expenses for a child that are not predictable and recurring should be shared between the parents in proportion to their relative incomes as incurred. Since these expenses are not included in the support award, the procedure for sharing such costs should be set forth in the general language of the order or judgment. Each parent's direct spending on court-approved extraordinary expenses for the child are credited against his or her share of the total support award on Line 19. Line 13 - Calculating the Total Child Support Amount Add the basic child support amount, net child-care cost, health insurance cost for the child, predictable and recurring unreimbursed health-care costs above $250 per child per year, and court-approved predictable and recurring extraordinary expenses. The result is the Total Child Support Amount. [Math: Line 8 + Line 9 + Line 10 + Line 11 + Line 12]. Enter the total support amount on Line 13. Line 14 - Parental Share of the Total Child Support Obligation Multiply each parent's percentage share of income by the total child support amount to find each parent's share of the total child support amount. [Math: Line 7 Custodial Parent x Line 13 Total Support; Line 7 NonCustodial Parent x Line 13 Total Support]. Enter each parent's share of the total support amount in the appropriate Line 14 column. Line 15 - Credit for Derivative Government Benefits for the Child Based on Contribution of the NonCustodial Parent Enter the weekly amount of the government benefits paid to the custodial parent for the child (if any) that are based on the contribution (work history, military service, disability, or retirement) of the non-custodial parent in the Line 15 NCP column. NOTE: benefits amount should match the government benefits for the child on Line 5 NCP column.
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Line 16 - Credit for Child-Care Payments Enter payments (if any) for work-related child-care that are being paid by the non-custodial parent directly to the child care provider in the Line 16 NCP column. NOTE: payments cannot exceed the net work-related child care cost on Line 9. Line 17 - Credit for Payment of Child's Health Insurance Cost Enter the non-custodial parent's direct payments (or payroll deductions) toward the marginal cost of adding the child to a health insurance policy in the Line 17 NCP column. NOTE: payments cannot exceed the parent's cost of health insurance for the child added on Line 10. Line 18 - Credit for Payment of Child's Predictable and Recurring Unreimbursed Health Care Enter the non-custodial parent's direct payments (if any) for predictable and recurring unreimbursed health care above $250 per child per year in the Line 18 NCP column. NOTE: payments cannot exceed predictable and recurring unreimbursed health care expenses added on Line 11. Line 19 - Credit for Payment of Court-Approved Extraordinary Expenses Enter the non-custodial parent's direct payments (if any) for predictable and recurring extraordinary courtapproved expenses in the Line 19 NCP column. NOTE: payments cannot exceed predictable and recurring extraordinary court-approved expenses added on Line 12. Line 20 - Adjustment for Parenting Time Variable Expenses The court may grant the non-custodial parent an adjustment for parenting time equal to that parent's income share of the child's variable expenses for the percentage of time the child is with that parent. When determining if the adjustment is appropriate, the court should consider whether the non-custodial parent has incurred variable expenses for the child during the parenting time period and if parenting time reduced the other parent's variable expenses for the child. It is assumed that variable costs (food and transportation) for the child account for 37% of the total marginal child-rearing expenditures in intact families. The parenting time adjustment should not exceed the parent's time share of the variable costs for the child. Complete Lines 20a and 20b before returning to Line 20. Then multiply the basic child support amount (Line 8) by the non-custodial parent's share of overnights with the child (NCP Line 20b). Multiply that product by 0.37 (the presumed variable costs). The result is the maximum NCP parenting time adjustment (the variable cost for the time spent with the child). Enter the amount on Line 20. [Math: Line 8 x NCP Line 20b x 0.37]. NOTE: If the custodial parent's total household net income (from all sources) plus the NCP parenting timeadjusted support award is less than 200% of the poverty guideline for the number of persons in the household, the NCP parenting time adjustment is not presumptive and shall be subject to the court's discretion. Line 20a - Number of Overnights with Each Parent Enter the number of overnights the child has with the custodial parent in the Line 20a CP column. Enter the number of overnights the child has with the non-custodial parent in the Line 20a NCP column. Add the total number of overnights to Enter in the Line 20a Combined column.
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Line 20b – Each Parent’s Share of Overnights with the Child Divide the CP Line 20a by the Combined Line 20a. Enter that number in the Line 20b CP column. Divide the NCP Line 20a by the Combined Line 20a. Enter that number in the Line 20b NCP column. The two Line 20a decimals should add up to 1.00. Line 21 - Net Child Support Obligation Subtract the non-custodial parent's direct payments for child care, the child's share of the health insurance premium, predictable and recurring unreimbursed health care for the child above $250 per year per child, and predictable and recurring extraordinary court-approved expenses from the paying parent's share of the total support amount. Then, subtract the Line 20 credit, if any, from the non-custodial parent's support amount and the Line 15 credit, if any, for government benefits for the child based on contribution of the NCP. The result is the net child support obligation. [Math: (Line 14 - (Line 15 + Line 16 + Line 17 + Line 18 + Line 19 + Line 20)]. Enter the net obligation on Line 21. Direct payments and credits are subtracted from the total child support amount to find the net child support obligation. Direct payments may be deducted only if the cost was included in the total child support amount. The net child support obligation for the non-custodial parent is the support order that will be paid for the benefit of the children. IF THERE IS NO ADJUSTMENT FOR OTHER DEPENDENTS, GO TO LINE 25 LINES 22, 23 and 24 – Adjusting the Child Support Obligation for Other Dependents 1. If either parent has court ordered child support obligations for other dependent children or an adjustment for other legal dependents is applicable, the following amounts must be considered: a. The amount of court ordered child support for other dependents (Line 2c) and the other dependent deduction (Line 2d) (where no support order exists for the dependent) -- using the separate other dependent deduction worksheet; b. A support obligation for the child for whom support is being determined calculated after deducting the total of the other dependent orders and deductions (L2c + L2d); and c.
A support order for the child for whom support is being determined calculated without deducting the other dependent orders (Line 2c) and deductions (Line 2d) from the responsible parent's gross income.
2. To ensure that a fair share of the parent's income is available to all his or her legal dependents, the child support obligation for the child for whom support is being determined will be calculated WITH an income deduction for the court ordered or theoretical support obligations for other dependents. Then, the support for the subject child will be calculated WITHOUT consideration of the court ordered or theoretical support obligation for other dependents. These two calculations will be averaged. Line 22 - Line 21 CS Obligation With Deduction for Other Dependents Enter the amount of the net child support obligation (Line 21) from the worksheet that deducted the support obligation for the parent's other dependents from the parent's net income (i.e., with the Line 2c child support order for other dependents and Line 2d other dependent deduction). Note: the Line 2d other dependent deduction is calculated on a separate sole parenting worksheet. Line 23 – Line 21 CS Obligation Without Deduction for Other Dependents Enter the amount of the net child support obligation (Line 21) from the worksheet that did not deduct the support obligation for other dependents (Lines 2c and 2d) from the parent's net income. Note: The Line 2d other dependent deduction is calculated on a separate worksheet.
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Line 24 - Obligation Adjusted for Other Dependents Add the Line 22 support obligation that includes deductions for other dependents (Line 2c and Line 2d) and the Line 23 support obligation that does not include deductions for other dependents, then divide the sum by two to obtain the Adjusted Child Support Obligation for the non-custodial parent. (Math: (Line 22 + Line 23) / 2)). Enter the result on Line 24. Lines 25, 26 and 27 - Maintaining a Self-Support Reserve To ensure that the obligor parent retains sufficient net income to live at a minimum subsistence level and has the incentive to work, that parent's net child support award is tested against 150% of the U.S. poverty guideline for one person. If the NCP's net income after deducting the child support award is less than the self-support reserve, the order should be adjusted. No such adjustment shall occur, however, if the custodial parent's net income minus the custodial parent's child support obligation is less than the self-support reserve. This priority is necessary to ensure that custodial parents can meet their basic needs while caring for the child(ren). The poverty guideline will be disseminated by the AOC each February or when it is published in the Federal Register. The self-support reserve test is applied as follows: 1. Subtract the obligor's child support obligation from that person's net income. 2. If the difference is greater than 150% of the poverty guideline for one person ($451 per week as of January 1, 2025), the self-support reserve is preserved and the obligor's support obligation is the child support order. 3. If the difference is less than 150% of the poverty guideline for one person and the custodial parent's net income is greater than 150% of the poverty guideline, the obligor's child support order is the difference between the obligor's net income and the 150% of the poverty guideline for one person. In determining whether the application of the self-support reserve is appropriate, the court may need to impute income to a parent as provided in Appendix IX-A. The court should also consider a parent's actual living expenses and the custodial parent's share of the support obligation (see Appendix IX-A, paragraph 20). Line 25 - Self-Support Reserve Test Calculate whether the obligor's income will exceed 150% of the poverty level by subtracting the net child support obligation from the non-custodial parent's net income. [Math: Line 6 NCP - Line 21 or Line 24.] Enter the result for the NCP on Line 25. Enter the custodial parent's net income minus the custodial parent's child support obligation (Line 6 minus Line 14) on Line 25. Then, If the NCP Line 25 amount is less than 150% of the poverty guideline and the CP Line 25 minus the CP Line 14 is greater than 150% of the poverty guideline, Go To Line 26. If the NCP result is greater than 150% of the poverty guideline, Skip Line 26 and Enter the Line 21 or Line 24 non-custodial parent child support obligation on Line 27. NOTE: If the CP Line 25 minus the CP Line 14 amount is less than 150% of the poverty guideline, there is no NCP self-support reserve adjustment. In this case, the NCP Line 21 or Line 24 amount is the final child support order (Line 27). Line 26 - Maximum Child Support Order Subtract the poverty level from the non-custodial parent's net income to find the maximum child support order. [Math: Line 6 Non-Custodial Net Income - 150% of the poverty guideline]. Enter the result on Lines 26 and 27. Line 27 - Child Support Order
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Line 27 is the amount to be paid by the non-custodial parent (the obligor) to the custodial parent (from either Line 25 or Line 26) for the benefit of the children.
Appendix IX-B USE OF THE CHILD SUPPORT GUIDELINES – SHARED PARENTING (Includes Amendments Through Those Effective June 1, 2025) GENERAL INFORMATION LINE INSTRUCTIONS FOR THE SHARED-PARENTING WORKSHEET CAPTION Enter the names of the parties, the county of venue, the docket number, and the number of children for whom support is being determined. Check-off whether the Parent of the Primary Residence is the plaintiff or defendant. LINES 1 through 5 - Determining Income Gross Income - For the purpose of these guidelines, gross income is all earned and unearned income that is recurring or will increase the income available to the recipient over an extended period of time. When determining whether an income source should be included in the child support guidelines calculation, the court should consider if it would have been available to pay expenses related to the child if the family would have remained intact or would have formed and how long that source would have been available to pay those expenses. Sources of Income - Gross income, includes, but is not limited to, income from the following sources: a. compensation for services, including wages, fees, tips, and commissions; b. the operation of a business minus ordinary and necessary operating expenses (see IRS Schedule C); c. gains derived from dealings in property; d. interest and dividends (see IRS Schedule B); e. rents (minus ordinary and necessary expenses - see IRS Schedule E); f. bonuses and royalties; g. alimony and separate maintenance payments received from the current or past relationships; h. annuities or an interest in a trust; i. life insurance and endowment contracts; j. distributions from government and private retirement plans including Social Security, Veteran's Administration, Railroad Retirement, deferred compensation, Keoughs and IRA's; k. personal injury awards or other civil lawsuits; l. interest in a decedent's estate or a trust; m. disability grants or payments (including Social Security disability); n. profit sharing plans; o. worker's compensation; p. unemployment compensation benefits; q. overtime, part-time and severance pay; r. net gambling winnings; s. the sale of investments (net capital gain) or earnings from investments; t. income tax credits (excluding the federal and state Earned Income Credit and the N.J. homestead rebate); u. unreported cash payments (if identifiable); v. the value of in-kind benefits; and w. imputed income (see Appendix IX-A, paragraph 12). w. imputed income (see Appendix IX-A, paragraph 12).
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Income from self-employment or operation of a business. a. For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, gross income is gross receipts minus ordinary and necessary expenses required for self-employment or business operation. Personal income from the operation of a business includes all income sources listed above and potential cash flow resulting from loans taken from the business. b. In general, income and expenses from self-employment or the operation of a business should be carefully reviewed to determine an appropriate level of gross income that is available to the parent to pay a child support obligation. In most cases, this amount will differ from the determination of business income for tax purposes. c. Specifically excluded from ordinary and necessary expenses, for the purposes of these guidelines, are expenses allowed by the IRS for: (1) the accelerated component of depreciation expenses; (2) first-year bonus depreciation; (3) depreciation on appreciating real estate; (4) investment tax credits; (5) home offices; (6) entertainment; (7) travel in excess of the government rate; (8) non-automobile travel that exceeds standard rates; (9) automobile expenses; (10)voluntary contributions to pension plans in excess of 7% of gross income; and (11)any other business expenses that the court finds to be inappropriate for determining gross income for child support purposes. Sporadic Income a. If income from any source is sporadic or fluctuates from year to year (e.g., seasonal work, dividends, bonuses, royalties, commissions), the amount of sporadic income to be included as gross income shall be determined by averaging the amount of income over the previous 36 months or from the first occurrence of its receipt whichever time is less. b. For overtime pay or income from a second job, the average is based on the prior 12 months or first receipt whichever time is greater. c. The court may exclude sporadic income if the party can prove that it will not be available in an equivalent amount in the future. Military Pay - All military pay and allowances shall be included as gross income for determining child support (see Rose vs. Rose, 107 S. Ct. 2029 (1987)). a. All service members receive Basic Allowance for Quarters (BAQ) and Basic Allowance for Subsistence (BAS) or live in government accommodations and eat at mess halls for free. If BAQ and BAS are not received due to government-provided accommodations and food, the value of such in-kind income may be included in the service member's gross income. b. BAQ, BAS, and Variable Housing Allowances (VHS) are considered income when determining child support. These forms of income are not subject to tax. In-Kind Income - The fair-market value of goods, services or benefits received in lieu of wages and in the course of employment shall be included as gross income if they reduce personal living expenses of the recipient regardless of whether they are derived from an employer, self-employment, or the operation of a business. Examples of in-kind goods, services, and benefits include vehicles, automobile insurance, free housing, meals, benefits selected under a cafeteria plan, memberships, or vacations. Expense reimbursements are not considered income. Alimony, Spousal Support, and/or Separate Maintenance – Alimony, spousal support, or separate maintenance payments received from a spouse or former spouse in accordance with a court order are
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considered income to the recipient. If child support and alimony, spousal support, or separate maintenance are being determined simultaneously (for the same family), the court should set the alimony, spousal support, or separate maintenance first and include that amount in the recipient's income (on Line 1c or 4b) before applying the child support guidelines, except in pendente lite situations. Alimony, spousal support, or maintenance payments being or to be paid to former spouses in the future (to the current spouse) are deducted from the payor's income (on Line 1b or 4a). The Tax Cut and Jobs Act of 2017 impacted the tax consequences of alimony, spousal support, or separate maintenance, resulting in significantly more cases in which alimony will not be taxable for the recipient or tax-deductible for the payor. There are other reasons that some alimony may not qualify as taxable and deductible under federal law. Alimony that is taxable and deductible will be entered on Lines 1b and 1c. Alimony that is non-taxable and non-deductible will be entered on Lines 4b and 4c. Types of Income Excluded from Gross Income - The following types of income are excluded from gross income: a. means-tested income (i.e., based on the fact that the recipient has minimal income and requires government assistance to live) including, but not limited to, Temporary Assistance to Needy Families (TANF), Deficit Reduction Act (DEFRA), General Assistance, Refugee Assistance, rent subsidies, Supplemental Needs Assistance Program (SNAP), Supplemental Security Income for the Aged, Blind or Disabled, and Social Security concurrent SSI and Disability or SSI and retirement benefits (all of the concurrent benefit is excluded); b. alimony, spousal support, or separate maintenance payments (the net amount after deducting the tax benefits, if any) to a current or former spouse; c. child support received for children of another relationship; d. non-income producing assets (e.g., undeveloped real estate, automobiles, jewelry, art, stocks and bonds) unless the court finds that the intent of the investment was to avoid the payment of child support; e. income from children, unless the court determines that such income should be included because the child is a professional or has substantial income that reduces the family's living expenses; f. income from other household members (e.g., step-parents, grandparents, current spouse) who are not legally responsible for the support of the child for whom support is being established except to determine the other-dependent credit (the income of the current spouse may be included if an otherdependent deduction is requested - see Appendix IX-A, paragraph 10); g. for modifications involving retirement income, the pro-rated amount of contributions to a voluntary plan that were previously included in gross income when the current support order was established; h. financial assistance for education including loans, grants, scholarships, veteran's education benefits, and awards provided under the National and Community Service Act of 1990 (except post-service benefits); and i. federal earned income tax credits. Collecting and Verifying Income Information a. Prior to a hearing to establish or modify child support, the parties shall submit either a Case Information Statement (R. 5:5-2) or a Financial Statement in Summary Support Actions (R. 5:5-3) to the court. b. When possible, the court should determine gross income as follows: (1) Prior to June 30 of the current year, use Federal and State income tax returns, W-2 statement(s) and IRS 1099's from the preceding year. If tax documentation is unavailable, use any other available evidence of current earnings (e.g., paystubs, employer wage verifications, or, for the selfemployed, statements of business receipts and expenses). If a joint income tax return includes income of a person other than one of the parties involved in the support proceeding (e.g., the current spouse), the taxpayer or that person's attorney shall be responsible for the redaction of the tax return. (2) After June 30, use the year-to-date income figure from all documented sources listed above. Divide the total gross income from all sources by the number of employed weeks to determine the weekly gross income. (3) If no income documentation is available, income may be determined through testimony or imputed
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as set forth in Appendix IX-A, para. 10. Note on Income Documentation: The review of a pay stub, W-2 form, IRS-1099 form or tax return may not provide all necessary income information for a parent. The accurate determination of income may be dependent on a combination of these documents and testimony. Also, note that a parent may have more than one W-2 wage statement if that person worked for multiple employers during the year. Taxable and Non-Taxable Income - Before determining Net Income, gross income must be separated into taxable and non-taxable portions to ensure that withholding taxes are deducted only from taxable gross income. Generally, the types of income listed below are not subject to tax. Other types of income may be non-taxable depending on the status of the taxpayer or the source of income. For more information on taxable and non-taxable income, refer to IRS Publication 525 (Taxable and Non-Taxable Income) or, for New Jersey income taxes, see N.J.S.A. 54A:6-1 or NJ-WT. The following items are considered income to the parents, but should not be used to calculate withholding or income taxes when determining net income. 1. Income Not Subject to Federal Income Tax a. b. c. d. e. f. g. h. i. j. k. l.
Accident and health insurance proceeds; Black-lung benefits; Child support payments; Federal Employees Compensation Act payments; Interest on state or local obligation; Scholarships and fellowships grants; Veteran's benefits; Worker's compensation; Life insurance proceeds paid due to death of the insured; Social Security benefits. However, if the taxpayer has income of more than $25,000 if single or $32,000 if married and filing a joint return some of the benefits may be taxable (see IRS Publication 915); Casualty insurance and other reimbursements; and Earnings from tax-free government bonds or securities.
2. Income Not Subject to New Jersey State Income Tax a. b. c. d. e.
Federal Social Security benefits; Railroad Retirement benefits; Proceeds of life insurance contracts payable by reason of death; Employee's death benefits; The value of property acquired by gift, bequest, devise or inheritance except income from any such property or if the gift, bequest, devise or inheritance is income; f. Amounts received under worker's compensation including income from suits, agreements, accident or health insurance resulting from personal injuries or sickness; g. Compensation paid by the United States for services in the Armed Forces performed by an individual not domiciled in New Jersey; h. Grants or scholarships received from education institutions; i. Payments of up to $10,000 for a married couple filing jointly, $5,000 for a married couple filing separately and $7,500 for a single taxpayer from an annuity, endowment or life insurance contract or payments of any such amount received as pension, disability or retirement benefits for persons at least 62 years old or disabled under Social Security; j. New Jersey Lottery winnings of $10,000 or less; k. Permanent and total disability benefits under a public or private plan and certain accident and health insurance benefits including Veteran's benefits; l. Unemployment Insurance benefits; m. Interest on obligations issued by the State or any county, municipality, school or other governmental body of New Jersey and obligations statutorily free from tax under State or federal law; n. Amounts contributed by an employer on behalf of an employee to a trust which meets the
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requirements of IRC section 401(K) are not taxable in the year when made; and o. Earnings from tax-free government bonds or securities. p. Earnings from tax-free government bonds or securities. Note on Social Security Taxes: Social Security tax withholding (FICA) for high-income persons may vary during the year. In the early part of the year, 6.2% is withheld on the first $176,100 of gross earnings (for wage earners in 2025). After the maximum $10,918 is withheld, no additional FICA taxes are withheld. Thus, pay stubs issued early in the year may understate net income, while those issued later in the year may overstate it. To estimate weekly FICA taxes, amortize the annual FICA tax using the number of weeks employed or use the Appendix IX-H combined tax tables. Note that self-employed persons must pay the full FICA tax (12.4%) up to the $176,100 limit of all earned income. Note on Medicare Taxes: 1.45% of gross earnings is withheld for Medicare taxes. Note that self-employed persons must pay the full Medicare tax rate (2.9%) on all earned income. In addition to withholding Medicare tax at 1.45%, a 0.9% Additional Medicare Tax is withheld from wages in excess of $200,000 in a calendar year. The 0.9% Additional Medicare Tax also applies to self-employed persons (there is no employer share of Additional Medicare Tax). Analyzing Income Tax Returns - For assistance in analyzing income tax returns to determine parental income, see American Bar Association, Section of Family Law, The 1040 Handbook: A Guide to Income and Asset Discovery, Sixth Edition, 2014. Government Benefits for the Child - Government benefits for children fall into three categories. Each is described below along with its treatment in calculating child support. a. Means-tested benefits - Benefits based on the fact that the child or parent has minimal income and requires government assistance. This includes, but is not limited to, Temporary Assistance to Needy Families (TANF), Deficit Reduction Act (DEFRA), Refugee Assistance, rent subsidies, food stamps (SNAP), and Supplemental Security Income for the Aged, Blind or Disabled (SSI), kinship guardian subsidies. Means-tested benefits for the child are excluded as income (not counted for either parent). b. Derivative benefits - Benefits based on the contribution (e.g., work history, military service, disability, or retirement) of one of the parties is an essential factor in the child's eligibility for the benefit, without regard to family income. This includes but is not limited to Social Security Disability, Social Security Retirement, Black Lung, and Veteran's Administration benefits. The derivative benefit is counted as income (on Line 5) for the parent whose contribution is the source of the benefit. If the benefit is based upon contribution of the Parent of Alternate Residence (PAR), he or she will also receive a credit for the benefit (on Line 22). c. Other benefits - Benefits that are obtained without regard to family income or contribution (e.g., work history, military service, disability, or retirement) of either party. This includes, but is not limited to, adoption subsidies and Social Security benefits based on the work history of a nonparty relative, such as a step-parent, grandparent, or deceased parent. This benefit is counted as income (on Line 5) for the parent who actually receives the financial benefit (usually the custodial parent). LINE 1 - Gross Taxable Income Enter the weekly gross taxable income of each parent in the appropriate Line 1 column. Non-taxable income is entered on Line 4. LINE 1a - Mandatory Retirement Contributions Enter weekly mandatory retirement contributions for each parent in the appropriate Line 1a column. Contributions to retirement or pension plans that are mandatory (i.e., required as a condition of employment) are not considered income for determining child support obligations. Since mandatory pension contributions are generally non-taxable, the amount of such payments must be deducted from gross income before withholding taxes and the Adjusted Gross Taxable Income are calculated. Voluntary payments to Deferred
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Compensation Plans (e.g., 401K, 414B), Keoughs, and IRA's should not be deducted from gross income. Calculate the weekly amount of mandatory retirement contributions by dividing the year-to-date contributions by the number of weeks employed or by using an average of the prior year's contributions. LINE 1b - Tax Deductible Alimony Paid If alimony is tax deductible for the payor of alimony, enter the weekly amount of alimony or other form of spousal support that is paid or will be paid to a former spouse in the appropriate Line 1b column. When established simultaneously with child support (for the same family), the amount of alimony, spousal support, or separate maintenance should be determined before the child support guidelines are applied, except in pendente lite applications. Once the amount of alimony, spousal support, or separate maintenance is set, it is deducted from the payor's gross income and added to the recipient parent's gross income for the purposes of calculating a child support award using the guidelines. LINE 1c - Taxable Alimony Received If alimony is taxable for the recipient of alimony enter the weekly amount of alimony or other form of spousal support that is received or will be received from a former spouse (i.e., includes payments from the current as well as any past relationships) in the appropriate Line 1c column. For non-tax-deductible alimony paid and non-taxable alimony received, see Line 4a and Line 4b. To determine whether a payment from a former spouse is considered alimony or separate maintenance, see 26 U.S.C. 71. LINE 2 - Adjusted Gross Taxable Income Subtract mandatory retirement contributions and tax deductible alimony paid from the gross taxable income and add any taxable alimony received to the gross taxable income to obtain the adjusted gross taxable income. Enter each parent's adjusted gross taxable income in the appropriate Line 2 column. [Math: Line 1 Line 1a - Line 1b + Line 1c] LINE 2a - Withholding Taxes Enter each parent's combined weekly federal, state, and local withholding taxes in the appropriate Line 2a column. Once the taxable portion of gross income is determined, the combined federal, state, city (if applicable), Social Security, and Medicare withholding taxes are deducted. As set forth below, four methods are available to determine the amount of combined income tax withholding to be deducted from gross income. 1. Combined Income Tax Withholding Tables (Appendix IX-H) - To use the combined tax withholding tables, the gross taxable income and the number of dependent children eligible for the federal income tax credit (eligible dependents) must be known. (To determine eligibility, see IRS Form W-4 and 26 U.S.C.A. § 24). NOTE: The combined tax withholding table may not result in the correct tax withholding amount if significant portions of the parent's income are not subject to FICA/Medicare tax (e.g., alimony, rents, dealings in property, interest), if wages for federal income tax and the FICA/Medicare tax differ, or if the parent is self-employed (requires payment of the full FICA/Medicare tax rate on 92.35% of income - see IRS Pub. 533 or Schedule SE). Generally, unearned income is not subject to the FICA/Medicare tax. See the notes at the end of the Appendix IX-H combined tax withholding table. 2. End-of-Year Tax Obligations - If the award is being calculated before June 30 of the current year and
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the prior year's federal and state income tax return forms, and Forms W-2 are available, the tax obligation may be calculated as follows: a. add the end-of-year income tax obligation (i.e., total tax) from the federal and state tax return forms, the W-2 Social Security tax withheld, and the W-2 Medicare tax withheld. b. divide the sum of the taxes by 52. 3. Year-to-Date Calculation - If the award is being calculated after June 30 of the current year and a check stub is available (which represents the parent's only income source), add the year-to-date federal, state, Social Security and Medicare withholding taxes and divide the sum by the number of weeks employed. 4. Self-Employed Persons - For persons whose income is derived from self-employment or the operation of a business, the court should carefully review personal and business income tax returns (State and federal) and IRS 1099 statements from the most recent tax year to determine the amount of taxes to be deducted from gross income. Note: the method of determining withholding taxes and each parent's number of eligible dependents and marital status must be documented in the Comments section (Line 5) of the worksheet. LINE 2b - Mandatory Union Dues Enter each parent's weekly mandatory union dues in the appropriate Line 2b column. Union dues must be mandatory (i.e., required as a condition of employment) to be eligible as a deduction from a parent's adjusted gross income. Calculate the weekly amount of mandatory union dues by dividing the year-to-date dues paid by the number of employed weeks or by using an average of the prior year's dues payments. LINE 2c - Child Support Orders for Other Dependents Enter the weekly amount of court ordered child support of either parent for other legal dependents in the appropriate Line 2c column. The child support orders for other dependents are part of an adjustment mechanism to apportion a parent's income to all legal dependents including those born before or after the children for whom support is being determined The adjustment requires that three support obligations be considered - (1) the court ordered support for the other dependents in the alternate family, (2) a support obligation that includes the court ordered support for the other dependents, and (3) a support obligation that does not include the court ordered support for the other dependents. LINE 2d - Other-Dependent Deduction Enter the theoretical weekly child support obligation for other legal dependents (from Line 14 of the SoleParenting worksheet prepared for the alternate family) on Line 2d of the worksheet of the parent requesting the adjustment. The Line 14 amount represents the parent's income share of the total marginal costs for the children in the alternate family. The obligation amount for other legal dependents (the other-dependent deduction) should be calculated on a separate Sole-Parenting worksheet. The other-dependent deduction is part of an adjustment mechanism to apportion a parent's income to all legal dependents including those born before or after the children for whom support is being determined. Legal dependents include adopted or natural children of either parent who are under 18 years of age or over 18 years of age and still attending high school or other secondary school. No adjustment is provided for stepchildren. Generally, stepchildren are considered the legal responsibility of their natural parents unless the court determines that a stepparent has a legal obligation to support the child.
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The adjustment requires that three support obligations be calculated - a theoretical support obligation for the other dependents in the alternate family, a support obligation that includes the other-dependent deduction, and a support obligation that does not include the other-dependent deduction. The deduction and the adjusted support obligation are calculated only if the income of the other parent in the alternate family is provided to the court. 1. The amount of the deduction is the serial parent's theoretical support obligation for the children in the alternate family. It requires that a separate Sole-Parenting child support guidelines worksheet be completed (through Line 14) for the children in the alternate family with the parent claiming the deduction being the theoretical obligor of those children. The deduction is calculated based on the income of the parent claiming the deduction and the income of that person's current spouse. 2. A parent must disclose the gross income of the other parent in the alternate family as a condition to the right to claim this deduction. If the other parent in the alternate family is voluntarily unemployed or underemployed, the court may impute income to that person to determine the parent's obligation to the children in the alternate family. 3. The amount of the deduction shall not be calculated for alternate families having more than six children. In such cases, the court may find that the guidelines are inapplicable and may establish the child support award based on the factors set forth in N.J.S.A. 2A:34-23 and existing case law. LINE 3 - Net Taxable Income Subtract the combined withholding tax, child support orders for other dependents, mandatory union dues, and the other-dependent deduction*, if any, from the Adjusted Gross Taxable Income to obtain the Net Taxable Income. (Math: Line 2 - Line 2a - Line 2b - Line 2c - Line 2d). Enter each parent's Net Taxable Income in the appropriate Line 3 column. *If the other-dependent adjustment is applied, three worksheets must be prepared: (1) one calculating the parent's obligation for other dependents in the secondary family, (2) one calculating a support award after deducting the obligation from the parent's net income, and (3) one calculating the support award as if there were no other dependents (i.e., the obligation without consideration of other dependents). Thus, financial obligations for other dependents are not always deducted when figuring net income. The support award is adjusted for other dependents using Lines 30 through 32. LINE 4 - Non-Taxable Income Enter each parent's weekly gross non-taxable income in the appropriate Line 4 column. Enter the source or type of non-taxable income in the space provided on Line 4 or in the Comments section of the Worksheet. LINE 4a - Non-Taxable-Deductible Alimony Paid If alimony is non-tax-deductible for the payor, enter the weekly amount of alimony or other form of spousal support that is paid or will be paid to a former spouse in the appropriate Line 4a column. When established simultaneously with child support (for the same family), the amount of alimony, spousal support, or separate maintenance should be determined before the child support guidelines are applied, except in pendente lite situations. Once the amount of alimony, spousal support, or separate maintenance is set, it is deducted from the payor's gross income and added to the recipient parent's gross income for the purposes of calculating a child support award using the guidelines. LINE 4b - Non-Taxable Alimony Received If alimony is non-taxable for the recipient, enter the weekly amount of alimony or other spousal support that is received or will be received from a former spouse (i.e., includes payments from the current as well as any
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past relationships) in the appropriate Line 4b column. For tax-deductible alimony paid and taxable alimony received, see Line 1b and 1c. To determine whether a payment from a former spouse is considered alimony or separate maintenance, see 26 U.S.C. 71. LINE 5 - Government (Non-Means Tested) Benefit for the Child Government benefits for children fall into three categories. Each is described below along with its treatment in calculating child support. a. Means-tested benefits - Benefits based on the fact that the child or parent minimal income and requires government assistance. This includes, but is not limited to, Temporary Assistance to Needy Families (TANF), Deficit Reduction Act (DEFRA), Refugee Assistance, rent subsidies, food stamps (SNAP), and Supplemental Security Income for the Aged, Blind or Disabled (SSI), kinship guardian subsidies. Means-tested benefits for the child are excluded as income (not counted for either parent). Leave blank Line 5. b. Derivative benefits - Benefits based on the contribution (e.g., work history, military service, disability, or retirement) of one of the parties is an essential factor in the child's eligibility for the benefit, without regard to family income. This includes but is not limited to Social Security Disability, Social Security Retirement, Black Lung, and Veteran's Administration benefits. Enter the weekly amount of the derivative benefit on Line 5 of the parent whose contribution is the source of the benefit (i.e., if the Non-Custodial Parent's work history and disability qualify the child for Social Security benefits, the benefit for the child will be included on Line 5 NonCustodial Parent). Note, if the benefit is based upon contribution of the Parent of Alternate Residence (PAR), he or she will also receive a credit for the benefit on Line 22. c.
Other benefits - Benefits that are given without regard to family income or contribution (e.g., work history, military service, disability, or retirement) of either party. This includes, but is not limited to, adoption subsidies and Social Security benefits based on the work history of a nonparty relative, such as a step-parent, grandparent, or deceased parent. Enter the weekly amount of this benefit on Line 5 of the parent who actually receives the financial benefit (usually the custodial parent).
LINE 6 - Net Income Add the Net Taxable Income and the Non-Taxable Income to obtain the weekly Net Income. [Math: Line 3 + Line 4 + Line 5]. Enter each parent's Net Income in the appropriate Line 6 column. Add the net incomes of the parents to obtain the Combined Net Income [Math: Line 6 PPR + Line 6 PAR = Line 6 Combined]. Enter the result on Line 6, Combined. LINE 7 - Each Parent's Share of Income Divide each parent's net income by the combined net income to obtain each parent's percentage share of income. [Math: Line 6 PPR / Line 6 Combined = PPR Line 7 Share of Income; Line 6 PAR / Line 6 Combined = PAR Line 7 Share of Income]. The sum of the two percentages (ratios) must equal one (the decimal equivalent of 100%). Enter each parent's income share in the appropriate Line 7 column. LINE 8 - Basic Child Support Amount Look up the Basic Child Support Amount from the Appendix IX-F award schedule. Select the appropriate amount for the number of children for whom support is being determined and the Line 6 combined net income of the parents. Enter the Basic Child Support Amount on Line 8.
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The parents' combined net income and the number of children for whom support is being determined are used to obtain the basic child support amount from the Appendix IX-F schedules. Appendix IX-F combined net incomes are provided in $10.00 increments. For incomes that fall between income increments, go to the next higher income increment if the amount is $5.00 or more (e.g., if the combined income is $446, use the award for $450 combined income; if it is $444, use the award for $440). As explained in Appendix IX-A, the basic support amount represents average spending on children by intact families (see Appendix IX-A for items included and excluded in the basic support amount). LINE 9 - Number of Overnights with Each Parent Enter the number of regular overnights that the child spends or is expected to spend with each parent during a one-year period in the appropriate Line 9 columns. Vacations and holidays with the PAR do not count towards the determination of overnight time. Add the number of overnights with each parent to obtain the total number of overnights. Enter the total overnights in the Line 9 Combined column. Generally, the sum of the number of overnights with each parent will be 365. If, however, the child spends overnights with a third party (e.g., grandparents) on a predictable and recurring basis, each parent's and the total number of overnights shouldbe adjusted accordingly so that neither parent receives credit for this time. For example, if a child stays with grandparents for 10 overnights each year, which would have normally been spent with the PPR, the PPR's number of overnights is reduced by 10 and the total number of overnights is reduced to 355 (365 minus 10). If the child would have spent half of the grandparent visitation time (5 of the 10 overnights) with the PAR, both parent's number of overnights is reduced by five. If a child attends summer camp or other overnight care, the parent paying for such care shall be entitled to the credit for the number of overnights. LINE 10 - Each Parent's Share of Overnights with Child Divide the number of overnights that the child spends with each parent by the total number of overnights. [Math: Line 9 PPR overnights / Line 9 total overnights; Line 9 PAR overnights / Line 9 total overnights]. Enter each parent's share of overnights in the appropriate Line 10 column. The sum of the shares (ratios) must equal one (the decimal equivalent of 100%). NOTE: If the PAR's share of overnights with the child is less than the substantial equivalent of two or more overnights per week (28%), STOP! The sole parenting worksheet must be used. LINE 11 - PAR Shared Parenting Fixed Expenses In shared-parenting situations, each parent incurs fixed costs (housing expenses) for the child even though the child may not be residing with a particular parent at a given time. Fixed costs include expenses for the dwelling, utilities, household furnishings, and household care items (see Appendix IX-A for a full list of items included in this category). It is assumed that fixed costs represent 38% of the basic support amount. The PPR's fixed costs remain static (i.e., the full 38% of the basic support amount; they are not reduced when the child is not in the household) since that parent must maintain the primary residence for the child at all times. The PPR's fixed costs are included in the basic support amount. The PAR's fixed expenses are pro-rated based on the amount of time the child spends in the alternate household. The PAR's fixed expenses are assumed to be equal to [2 x PAR's time with the child x PPR's fixed expenses]. For example, if the PAR spends 30% of overnights with the child, that parent is assumed to incur 60% of the PPR's fixed costs. The parents have equal fixed expenses only when time sharing is equal (50% each). The PAR's timeadjusted fixed expenses must be added to the basic support amount (i.e., the basic amount assumes that there is only one household for the child) to determine the total dual-household costs for the child. To calculate the PAR's time-adjusted fixed expenses:
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(1) Multiply the basic support amount by 38% [Math: Line 8 x 0.38]. The result is the portion of the basic support amount that represents the PPR's fixed expenses. (2) Multiply the PPR's fixed expense by two times the PAR's percentage of overnights [Math: PPR fixed expense x PAR Line 10 x 2]. The result is the PAR's time-adjusted fixed expense for the child. Enter this amount on Line 11. LINE 12 - Shared Parenting Basic Child Support Amount Add the basic child support amount and the PAR's shared parenting fixed expenses, then, subtract any government benefits paid to or for the child. The result is the shared parenting basic child support amount. [Math: Line 8 + Line 11]. Enter the shared parenting basic child support amount on Line 12. The shared parenting basic child support amount includes the costs of the two households in which the child resides, total variable costs (food and transportation) for the child, and other child-rearing costs controlled by the PPR such as clothing, personal care, and entertainment (see Appendix IX-A, paragraph 14(d)). LINE 13 - Each Parent's Share of Shared Parenting Basic Child Support Amount Calculate the PAR's share of the shared parenting basic child support amount by multiplying the shared parenting basic child support amount by the PAR's income share. [Math: PAR Line 7 x Line 12]. Enter the PAR's share of the award on Line 13. Calculate the PPR's share of the shared parenting basic child support amount by multiplying the shared custody basic child support amount by the PPR's income share. [Math: PPR Line 7 x Line 12]. Enter the PPR's share of the award on Line 13. LINE 14 - PAR Shared Parenting Variable Expenses Variable expenses are incurred only when the child is residing with a parent (i.e., costs that follow the child). This category includes transportation and food). It is assumed that variable costs account for 37% of total spending on a child in an intact family. Since the PPR has no variable expenses for the child while the child is with the PAR, the shared custody basic child support amount (which assumes that all variable expenses are incurred by the PAR household), must be reduced by the PAR's variable expenses for the child while the child is residing in the PAR's household. To Calculate the PAR's share of variable expenses for the child: (1) Multiply the basic support amount by 37% [Math: Line 8 x 0.37]. This is the portion of the basic support amount that represents variable expenses for the child. (2) Multiply the variable expenses by the PAR's percentage of regular overnights with the child. [Math: variable expense x PAR Line 10]. The result is the PAR's variable expense for the child. Enter this amount on Line 14. Note: Be careful to calculate variable expenses using the basic child support obligation (Line 8), not the shared parenting basic child support amount (Line 12). LINE 15 - PAR Adjusted Shared Parenting Basic Child Support Amount The PAR Adjusted Shared Parenting Basic Child Support Amount represents the PAR's income share of the net support obligation for the child while the child is residing in the primary household. To calculate this amount, subtract the PAR's fixed expenses and the PAR's variable expenses from the PAR's share of the Shared Parenting Basic Child Support Amount. [Math: Line 13 - Line 11 - Line 14]. Note: Line 15 may be a negative number. If so, carry it forward to the supplemental expense calculation.
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LINES 16 through 20 - Figuring Supplemental Expenses to be Added to the Shared Parenting Basic Child Support Amount Figure the amount of supplemental expenses (i.e., those not included in the basic support amount) that must be added to the PAR's basic child support amount. Supplemental expenses include the net work-related child care cost, the cost of health insurance for a child, unreimbursed predictable and recurring health care expenses above $250 per child per year, and other court-approved predictable and recurring expenses. See Appendix IX-A for a list of child-related expenses that are included in the Appendix IX-F awards. When added to the basic child support amount, supplemental expenses are apportioned between the parents in proportion to their relative incomes (i.e., these expenses are not time shared). LINE 16 - Adding Net Work-Related Child Care Costs Calculate net work-related child-care costs using the Appendix IX-E Net Child Care Expense Worksheet. Enter the weekly net child-care cost (from Line 8 of the Appendix IX-E Worksheet) on Line 16. Since child care expenses are excluded from the child support schedules, such costs, if incurred by either parent, must be added to the basic support amount. 1. Qualified Child Care Expenses. Qualified child care expenses are those incurred to care for a dependent who is under the age of 15 or is physically or mentally handicapped. These expenses must be necessary for the employment or job search of the parent. Child care expenses should be reasonable and should not exceed the level required to provide quality care for the child(ren) from a licensed source. Only the net cost of child care (after the federal and New Jersey tax credits are deducted) is added to the basic award. It is assumed that the parent paying for child care will apply for and receive the federal child care tax credit at the end of the tax year. 2. Determining the Net Child Care Cost a. Calculate the Adjusted Gross Income (AGI) of the parent paying for child care by deducting moving expenses, one-half of the self-employment tax, IRA and Keough contributions, penalties on early withdrawal of savings, self-employment health insurance cost, and tax deductible alimony paid from that parent's gross income. If this information is not available, use the parent's gross income (Line 1 + Line 4). b. Determine the annual child-care cost. c.
Complete the Net Child Care Expense Worksheet in Appendix IX-E to find the net weekly child-care cost to be added to the basic amount.
LINE 17 - Adding Health Insurance Costs for the Child Enter the parent's weekly cost of health insurance for the child for whom support is being determined on Line 17. If the parent's weekly marginal cost is unknown at the time of the hearing, use the per capita cost of a family policy at the parent's place of work. Do not include health insurance costs for adults or other dependents. Since the cost of health insurance is excluded from the child support schedules, a parent's contributions to a health insurance policy which includes the child for whom support is being determined must be added to the basic support award. Only the parent's cost of adding the child to the health insurance (medical and dental) policy is added to the basic support amount (i.e., the marginal premium cost to the parent to add the child to the policy). If the parent who is providing the health insurance has no proof of the cost of adding the child to the policy, the parent's total premium cost should be divided by the number of persons covered by the policy (per capita). The result is then multiplied by the number of children for whom support is being determined to obtain the child's estimated share of the health insurance cost. For example, if the parent's total health
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insurance cost is $60 per week and there are four persons covered by the policy (the parent, the two children who are the subjects of the support order, and a new spouse), the per capita health insurance cost for the two children is $30 (($60 / 4 persons = $15) x 2 children = $30). If both parents provide health insurance for the child, each parent's marginal cost of adding the child to the policy should be added together to determine the total health insurance cost for the child. If the cost of the health insurance policy is unknown at the time of the support establishment hearing, the parent may apply for a modification of the support order when such information becomes available. LINE 18 - Adding Predictable and Recurring Unreimbursed Health Care Enter the weekly unreimbursed cost of any health care, if predictable and recurring, for the child that exceeds $250 per child per year on Line 18. Costs under $250 per child per year - Unreimbursed health care expenses (medical and dental expenses not covered by insurance) up to and including $250 per child per year are included in the child support schedules and are assumed to be paid by the PPR. Because they are part of the basic child support order, these ordinary health care expenses are shared in proportion to the relative incomes of the parents. Predictable, Recurring Costs above $250 per child per year - Unreimbursed health care expenses in excess of $250 per child per year are excluded from the child support schedules. If such expenses are predictable and recurring, they should be added to the basic support award using Line 18. The court should consider the duration and recurring nature of unreimbursed health care expenses prior to adding them to the basic support amount. If both parents provide predictable, recurring unreimbursed health care for the child, the cost to each parent should be added together to determine the total unreimbursed health care costs. Each parent's direct health care expenses for the child above the $250 per child annual threshold are credited against his or her share of the total support award on Line 24. Unpredictable, Non-Recurring Costs above $250 per child per year - Health-care expenses for a child that exceed $250 per child per year that are not predictable and recurring should be shared between the parents in proportion to their relative incomes as incurred. Since these expenses are not included in the support award, the procedure for sharing such costs should be set forth in the general language of the order or judgment. LINE 19 - Adding Court-Approved Predictable and Recurring Extraordinary Expenses Enter court-approved predictable and recurring costs for the child on Line 19. If approved by the court, predictable and recurring extraordinary expenses for the child that are not included in the Appendix IX-F child support awards may be added to the basic support amount. Examples of such extraordinary expenditures are PAR transportation expenses, special diets, and private education costs for gifted or handicapped children. See Appendix IX-A, paragraph 8, for a list of items that are included in the Appendix IX-F awards and an explanation of private education expenses that may be added to the basic support amount. Extraordinary expenses that are not predictable and recurring should be shared between the parents in proportion to their relative incomes as incurred. Since these expenses are not included in the support award, the procedure for sharing such costs should be set forth in the general language of the order or judgment. Each parent's direct spending on court-approved extraordinary expenses for the child are credited against his or her share of the total support award on Line 25. LINE 20 - Total Supplemental Expenses Add the net child-care cost, health insurance cost for the child, unreimbursed predictable and recurring health-care costs greater than $250 per child per year, and court-approved predictable and recurring extraordinary expenses. [Math: (Line 16 + Line 17 + Line 18 + Line 19)]. Enter the total supplemental expenses on Line 20.
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LINE 21 - PAR's Share of the Total Supplemental Expenses Multiply the PAR's income share by the total supplemental expenses. [Math: PAR Line 6 x Line 20 total supplemental expenses]. Enter the PAR's share of the total supplemental expenses on Line 21. LINE 22 - Credit for Derivative Government Benefits for the Child Based on Contribution of the Parent of Alternate Residence Enter the weekly amount of the government benefits paid to the parent of primary residence for the child (if any) that are based on the contribution (work history, military service, disability, or retirement) of the parent of alternate residence (PAR) in the Line 22 PAR column. NOTE: Benefits amount should match the government benefits for the child on Line 5 PAR column. LINE 23 - Credit for PAR's Child Care Payments Enter the PAR's direct payments for work-related child care for the child for whom support is being determined on Line 23. NOTE: Payments cannot exceed the parent's net work-related child care cost added on Line 16. LINE 24 - Credit for PAR's Payment of Child's Health Insurance Cost Enter the PAR's direct payments towards that parent's cost of adding the child to a health insurance policy on Line 24. NOTE: Payments cannot exceed the parent's cost of health insurance for the child added on Line 17. LINE 25 - Credit for PAR's Payment of Unreimbursed Health Care Enter the PAR's direct payments for predictable and recurring unreimbursed health care greater than $250 per child per year on Line 25. NOTE: Payments cannot exceed predictable and recurring unreimbursed health care expenses added on Line 18. LINE 26 - Credit for PAR's Payment of Court-Approved Extraordinary Expenses Enter the PAR's direct payments for predictable and recurring extraordinary court-approved expenses on Line 26. NOTE: Payments cannot exceed predictable and recurring extraordinary court-approved expenses added on Line 19. LINE 27 - PAR's Total Payments for Supplemental Expenses Add the PAR's direct payments toward derivative government benefits for the child, work-related child care, the cost of adding the child to a health insurance policy, the predictable and recurring unreimbursed health care above $250 per child per year, and the predictable and recurring extraordinary court-approved expenses. [Math: Line 22 + Line 23 + Line 24 + Line 25 + Line 26]. Enter the sum of all payments added on Line 27. LINE 28 - PAR's Net Supplemental Expenses Subtract the PAR's direct payments for child care, the child's share of the health insurance premium, predictable and recurring unreimbursed health care for the child above $250 per year per child, and predictable and recurring extraordinary court-approved expenses from the PAR's share of the total supplemental expenses. The result is the PAR's net supplemental expenses for the child. [Math: Line 21 Line 27]. Enter the PAR's share of net supplemental expenses on Line 28.
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Direct payments for supplemental expenses are subtracted from the PAR's share of total supplemental expenses before those expenses are added to the PAR's share of the adjusted shared parenting child support amount. Direct payments may be deducted only if the cost was previously included as a supplemental expense. LINE 29 - PAR's Net Child Support Obligation Add the PAR's share of the adjusted shared parenting basic child support amount and the PAR's share of the net supplemental expenses to determine the PAR's net child support obligation. [Math: Line 15 + Line 28]. Enter the PAR's net support obligation on Line 29. The PAR's net obligation is the child support order that will be paid for the benefit of the children while they are residing with the PPR. Theoretically, the PPR also has a support obligation (although not calculated on the shared-parenting worksheet) that is considered to be spent directly on the children during the course of providing for their daily needs. NOTE: If the PAR's net obligation is a negative number, this amount must be paid by the PPR to the PAR to preserve each parent's income share of the total shared-parenting expenses. In this case, the PPR would be the obligor of the support order. LINES 30, 31 and 32- Adjusting the Child Support Obligation for Other Dependents 1. If either parent has court ordered child support obligations for other dependent children or an adjustment for other legal dependents is applicable, the following amounts must be considered: a. The amount of court ordered child support for other dependents (Line 2c) and the other dependent deduction Line 2d (where no support order exists for the dependent) - using the separate other dependent deduction worksheet; b. A support obligation for the child for whom support is being determined calculated after the total of the other dependent orders and deductions (L2c + L2d); and d. A support obligation for the child for whom support is being determined calculated without deducting the other dependent orders (Line 2c) and deductions (Line 2d) from the responsible parent's gross income. 2. To ensure that a fair share of the parent's income is available to all his or her legal dependents, the child support obligation for the child for whom support is being determined will be calculated WITH an income deduction for the court ordered or theoretical support obligations for other dependents. Then, the support for the subject child will be calculated WITHOUT consideration of the court ordered or theoretical support obligation for other dependents. These two calculations will be averaged. LINE 30 - Line 29 PAR CS Obligation WITH Deductions for Other Dependents Enter the PAR's net child support obligation (Line 29) from the worksheet that deducted the support obligation for the parent's other dependents from the parent's net income (i.e., with the Line 2c child support order for other dependents and Line 2d other dependent deduction). Note: the Line 2d other dependent deduction is calculated on a separate worksheet. LINE 31 - Line 29 PAR CS Obligation WITHOUT Deductions for Other Dependents Enter the PAR's net child support obligation (Line 29) from the worksheet that does not deduct the support obligation for other dependents (Line 2c and 2d) from the parent's net income. LINE 32 - Adjusted PAR CS Obligation
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Add the Line 30 support obligation that includes the deductions for other dependents (Lines 2c and 2d) and the Line 31 support obligation that does not include the deductions for other dependents, the divide the sum by two to obtain the Adjusted Child Support Obligation for the paying parent. Math: (Line 30 + Line 31) / 2). Enter the result on Line 32. LINES 33 and 34 - Maintaining a Self-Support Reserve To ensure that the PAR retains sufficient net income to live at a minimum subsistence level and has the incentive to work, that parent's net child support award is tested against 150% of the U.S. poverty guideline for one person. If the PAR's net income after deducting the child support award is less than the self-support reserve, the order should be adjusted. No such adjustment shall occur, however, if the PPR's net income minus the PPR's child support obligation is less than the self-support reserve. This priority is necessary to ensure that a PPR can meet his or her basic needs while caring for the child(ren). The poverty guideline will be disseminated by the AOC each February or when it is published in the Federal Register. The self-support reserve test is applied as follows: 1. Subtract obligor's child support obligation from that person's net income. 2. If the difference is greater than 150% of the poverty guideline for one person ($451 per week as of January 1, 2025), the self-support reserve is preserved and the obligor's support obligation is the child support order. 3. If the difference is less than 150% of the poverty guideline for one person and the PPR's net income is greater than 150% of the poverty guideline, the obligor's child support order is the difference between the obligor's net income and the 150% of the poverty guideline for one person. In determining whether the application of the self-support reserve is appropriate, the court may need to impute income to a parent as provided in Appendix IX-A, take into account a parent's actual living expenses, and/or consider the PPR's support obligation to the children (see Appendix IX-A, paragraph 20). NOTE: In some family situations (e.g., the PPR's income exceeds the PAR's income and shared parenting times are near equal), the PPR may owe child support to the PAR (in such cases, the PAR's obligation is a negative number). If this occurs, the self-support reserve should be tested using the PPR's net income and the absolute value of the PAR's negative obligation. In all cases, the PPR should be given the priority with regard to the self-support reserve. LINE 33 - Self-Support Reserve Test Subtract the PAR's net child support obligation from the PAR's net income. [Math: PAR's Line 6 net income PAR Line 29 or 32 child support obligation.] Note: If Line 29 or 32 is a negative number, the PPR is the obligor of that amount. Enter the PAR's result on Line 33. Enter the PPR's net income (from Line 6) on Line 33. Then, If the PAR's Line 33 is less than 150% of the poverty guideline and the PPR's Line 33 is greater than 150% of the poverty guideline, Go To Line 34. If the PAR's Line 33 is greater than 150% of the poverty guideline, Skip Line 34 and Enter the PAR's Line 29 or 32 child support obligation on Line 35. NOTE: If the PPR Line 33 amount is less than 150% of the poverty guideline, there is no PAR self-support reserve adjustment. In this case, the PAR Line 29 or 32 amount is the final child support order (Line 35). LINE 34 - PAR's Maximum Child Support Order Subtract 150% of the poverty guideline from the PAR's net income to find the maximum child support order.
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[Math: Line 6 PAR net income - 150% of the poverty guideline]. Enter the result on Lines 34 and 35. LINE 35 - Child Support Order Enter the Line 29, 32 or 34 support amount to be paid by the obligor to the other parent for the benefit of the child. Generally, the obligor will be the PAR. However, in some family situations, the PPR may be the obligor (e.g., if the PAR's obligation is a negative number). In those cases, enter the absolute (positive) value of the PAR's negative obligation (or the self-support reserve maximum amount) in the PPR's Line 35 column. Otherwise, enter the Line 29 PAR's net support obligation, the Line 32 other dependent adjusted obligation (if any), or the Line 34 maximum child support obligation (if any) on the PAR's Line 35. LINE 36 - PPR Household Income Test Add the PPR's net income from all sources (including means-tested income such as TANF), the net income of other adults in the primary household, and the PAR shared parenting support order. [Math: PPR Line 6 net income + net income of other adults + PAR Line 35 child support order]. Enter the sum in the PPR's Line 36 column. Test: If Line 36 is less than the PPR household income threshold for the PPR and the total number of persons in the primary household (see table in Appendix IX-A, paragraph 14), the award must be recalculated, without adjusting for shared-parenting time, using the sole parenting worksheet. If Line 36 exceeds the PPR household income threshold, the Line 35 child support order is appropriate. NOTE: A PAR may still receive an adjustment for variable expenses when the sole parenting worksheet is used to recalculate the support award. If, however, the PPR's household income plus a PAR time-adjusted support award is still below 200% of the poverty guideline, the application of the variable-expense adjustment is not presumptive (i.e., it is subject to the discretion of the court). Note: Adopted May 13, 1997, effective September 1, 1997. Amended July 10, 1998 to be effective September 1, 1998; May 25, 1999 to be effective July 1, 1999. Revised April 4, 2000 to be effective immediately. Revisions to Line Instructions for Lines 1-5, 1b, and 2b (as to both the Sole-Parenting Worksheet and the Shared-Parenting Worksheet) adopted July 5, 2000 to be effective September 5, 2000. Revisions to Line Instructions for Lines 1-5, 24, 25 and 26, (as to the Sole-Parenting Worksheet) and Lines 1-5, 32 and 33 (as to the Shared-Parenting Worksheet) adopted April 2, 2001 to be effective immediately. Revisions to Line Instructions for Lines 24, 25 and 26, (as to the Sole-Parenting Worksheet) and Lines 32 and 33 (as to the Shared-Parenting Worksheet) adopted March 12, 2002 to be effective immediately. Revisions to Line Instructions for Line 1-5, and 2a (as to both the Sole-Parenting Worksheet and the Shared-Parenting Worksheet) adopted April 20, 2002 to be effective immediately. Amended July 12, 2002 to be effective September 3, 2002; March 17, 2003 to be effective immediately; April 28, 2003 to be effective immediately; March 15, 2004 to be effective immediately; July 28, 2004 to be effective September 1, 2004; March 14, 2005 to be effective immediately; February 14, 2006 to be effective immediately; July 27, 2006 to be effective September 1, 2006; February 13, 2007 to be effective immediately; March 11, 2008 to be effective immediately; March 24, 2009 to be effective immediately; July 16, 2009 to be effective September 1, 2009; June 14, 2011 to be effective immediately; April 24, 2012 to be effective immediately; June 4, 2013 to be effective immediately; July 9, 2013 to be effective September 1, 2013; amended April 8, 2014 to be effective immediately; amended April 21, 2015 to be effective May 1, 2015; amended to be effective September 1, 2015; amended April 12, 2016 to be effective May 1, 2016; amended April 4, 2017 to be effective May 1, 2017; amended May 29, 2018 to be effective June 1, 2018; amended May 9, 2019 to be effective June 1, 2019; amended effective June 1, 2020; amended effective June 1, 2021; amended July 30, 2021, to be effective September 1, 2021; amended March 15, 2022 to be effective June 1, 2022; amended to be effective May 22, 2023; amended April 2, 2024 to be effective June 1, 2024; amended April 8, 2025 to be effective June 1, 2025.
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Your Guide to the New Jersey Judiciary Child Support Enforcement Program
Probation Services Division Administrative Office of the Courts New Jersey Judiciary Trenton, New Jersey 08625
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WELCOME to the Child Suppor t Enfor cement Pr ogr am of the New Jersey Judiciary. The purpose of this guide is to provide information to you about the child support program. Each support case is identified with a unique number that begins with the letters CS. This number is very important and you will need it whenever you contact probation child support enforcement staff. Write your case number here: CS __________________________________ You will also receive a pin that will allow you to access your account at njchildsupport.org. To access the information, you are required to enter your case number and your personal identification number. A variety of forms also are available on this site, including an online child support application for services.
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Frequently Used Terms Arrears – Past due, unpaid child support owed by the person ordered to pay support. Assignment of Support Rights – People who receive public assistance agree to turn over their right to child support to the state in exchange for cash assistance and other benefits. In order to receive public assistance, you must agree to the assignment of your support. Bench Warrant – An order from the court giving legal authority to law enforcement to arrest a person for failure to appear for a court hearing or failure to comply with a court order. Child Support Number (also referred to as “CS Number”) – This is the identifying number assigned to your child support case. Cost of Living Adjustment (COLA) – Any child support order entered on or after Sept. 1, 1998, is automatically adjusted every two years. The adjustment is based on the consumer price index. Complaint – A formal document filed in court that starts a case. It typically includes the names of the parties, the issues and what you are asking the court to do. Court Order – The written decision issued by a court of law. A child support court order sets forth how often, how much, and what kind of support is to be paid. Docket Number – The identifying number assigned to every case filed in the court. Emancipation- The age when a child reaches financial independence. Genetic Testing (DNA Testing) – A test used to determine the genetic makeup of the mother, father and child to establish legal paternity. Income Withholding/Wage Withholding/Garnishment – A process in which automatic deductions are made from wages or other income to pay a child support obligation. Income withholding has been mandatory since the enactment of the Family Support Act of 1988. Jurisdiction – The legal authority which a court or administrative agency has over particular persons and types of cases, usually in a defined geographical area. Your Guide to the New Jersey Judiciary Child Support Enforcement Program
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Modification of a Court Order – Any change or adjustment to a previous support order. New Jersey Child Support Guidelines – A standard method for calculating child support based on the income of the parents and other factors. The full set of guidelines is contained in Rule 5:6A of the New Jersey Court Rules. NJKiDS – The New Jersey Child Support Program automated computer system that tracks child support accounts. Obligation – The amount of money to be paid as support and the frequency it is to be paid. Obligee/Payee/CP – An individual or agency to whom support is owed. Also known as the custodial parent (CP) or payee. Obligor/Payor/NCP – An individual who owes a financial and/or medical obligation. Also known as the non-custodial parent (NCP) or payor. Offset – The amount of money taken from an obligor’s State or Federal income tax refund to satisfy a child support debt. Public Assistance – See Temporary Assistance to Needy Families. Temporary Assistance to Needy Families (TANF) – Time-limited public assistance, also known as welfare payments, made to low income families that provide parents with job preparation, work, and support services to help them become self-sufficient. It was formerly known as Aid to Families with Dependent Children (AFDC). Termination of Support – New Jersey law establishes 19 as the age when a child support and/or medical support obligation will end. Support may continue beyond 19 due to certain circumstances, however cannot exceed the child’s 23rd birthday. Triennial Review – Support orders are eligible for review and possible modification every three years by the county welfare agency. Venue – The court in which the original case was brought.
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Confidentiality New Jersey follows strict laws that keep child support cases private and confidential. Personal information collected and kept by the Child Support Program is not public record. All child support staff is bound to keep the obligor and obligee matters confidential and to protect privacy.
Introduction The New Jersey Child Support Enforcement Program locates obligors, also known as persons ordered to pay support, establishes paternity, establishes and enforces support and medical orders, and collects support payments. There are a number of organizations that work together to maintain the child support program. Each serves a different function in the process. For example: The New Jersey Department of Human Services, Division of Family Development, is the state agency responsible for state oversight of the child support program. The family division of the Superior Court is responsible for the establishment of paternity, support, medical, and modification orders. The county welfare agency locates obligors and files complaints with the family division when Temporary Assistance for Needy Families (TANF) is being provided. The Probation Child Support Enforcement (PCSE) Unit monitors and enforces support orders. This unit is responsible for taking action when support is not being paid.
New Jersey Family Support Services Center 1-877-655-4371 (1-877-NJKIDS1) Call this telephone number to access the Interactive Voice Response (IVR) system or speak to a representative and get answers to commonly asked questions as well as information about your case such as payment details, court hearings and account balances. Your Guide to the New Jersey Judiciary Child Support Enforcement Program
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The IVR can be used by the custodial party, noncustodial party, or agencies and is available 24 hours a day, seven days a week. Customer service representatives are available to speak to you Monday through Friday 8am to 6:45pm. To access the IVR, you must use a touch-tone telephone and have your case number available. If you would like help navigating the IVR, visit njchildsupport.org.
Paying Child Support Income Withholding Under N.J.S.A . 2A:17-56.7a et seq. all child support payments are subject to income withholding from the obligor’s paycheck, unless the court order says otherwise. Income withholding can also be applied to unemployment benefits, Social Security disability, disability payments, and other income the obligor receives. This makes it easier for the obligee to receive timely, regular payments, and is more convenient for the obligor to pay support. If the obligor changes employers, he/she must notify the probation division so that income withholding can be arranged with the new employer. Other Payment Options: Make check or money order payable to NJFSPC and mail to: NJFSPC, PO Box 4880, Trenton, NJ 08650-4880. Cash payments are accepted at all county child support offices in New Jersey. Payment options are available online. For more information, go to njchildsupport.org. In accordance with N.J.S.A . 2A:17-56.53, if support is not paid, an additional amount may be added to the original amount of support to pay off the past due amount. This is commonly known as an arrears payback amount.
Receiving Child Support Support payments are distributed either through the Direct Deposit Program or the New Jersey Debit Card. Both programs provide a safe, 4
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easy and convenient way for obligees to receive payments. Through direct deposit support payments are electronically deposited into the obligee’s bank account. To be eligible for direct deposit, you must have a bank account. To sign up for direct deposit, an authorization form must be completed which is available at the local child support office or it can be downloaded at njchildsupport.org. With a New Jersey Debit Card, obligees can obtain cash at banks and ATMs and make purchases at most stores. If the obligee does not wish to receive payments on the New Jersey Debit Card, they must sign up for direct deposit.
Change of Address Obligors ar e r equir ed within 10 days to notify the pr obation division enforcing the case of any change in their address or employment status either through letter, telephone call or by logging into their online account at www.njchildsupport.org. Failure to comply constitutes a violation of the court order. Obligees must notify the probation division within 10 days of any change of address. The obligee can update their address by submitting a notarized letter, contacting the New Jersey Family Support Services Center or logging into their online account at www.njchildsupport.org. A standard address change form, which can be obtained at njchildsupport.org or by contacting the local probation division, can also be used. Address Change in Person The obligee must present any one of the following forms of identification: a notarized letter to the court, or notarized Obligee Address Change Form certifying the change; passport; photo driver’s license or any other government-issued photo identification card. If the above forms of identification are not available, then the obligee must use two of the following: a non-photo driver’s license; property lease; utility bill or any other government-issued non-photo identification card. Address Change by Mail Address changes received by mail may be in the form of a letter or an Address Change Form. If the written letter or form is not notarized, it must be accompanied by a photocopy of identification document(s), consistent with the requirements for in-person changes set forth above. Your Guide to the New Jersey Judiciary Child Support Enforcement Program
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Address Change by Telephone or Web Either party can contact the New Jersey Family Support Services Center for address changes by calling: 1-877-655-4371 or visiting njchildsupport.org.
Social Security Numbers Social Security numbers are collected and used in accordance with section 205 of the Social Security Act (42 U.S.C. 405). Disclosure of the individual’s Social Security number is mandatory. Social Security numbers are used to obtain income, employment and benefit information through computer matching programs with federal and state agencies. This information is used to establish and enforce child support under Title IV-D of the Social Security Act and to record child support judgments.
National Medical Support Notice (NMSN) The National Medical Support Notice is a federally required form. It was designed to provide employers and plan administrators with a standardized set of forms, processes and timeframes to streamline the work to enroll dependent children in employer-sponsored health care plans. The NMSN is a Qualified Medical Child Support Order under section 609 (a) (3) and (4) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1169. The NMSN form is issued at the same time a notice to withhold child support is sent to the employer. Employers who fail to respond to the NMSN in a timely manner could be subject to court action. The employer must comply with the NMSN requirements even if the obligor does not agree with the requirements. If the obligor wants to contest the issuance of a NMSN, he/she should contact the local probation division.
Enforcement of Child Support The probation division is required to enforce court orders that call for the following: 6
Collection of current child support Collection of past-due child support Court ordered health care coverage Collection of spousal support/alimony Your Guide to the New Jersey Judiciary Child Support Enforcement Program
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Enforcement Hearings Enforcement hearings are scheduled to address issues of non-payment of child support, failure to obtain health insurance coverage for dependent children, or other related issues. Enforcement hearings are scheduled by the probation division and are formal court hearings with sworn testimony before a judge or hearing officer. Obligors must appear for enforcement hearings. Obligees could be required to appear based upon the nature of the case. At the hearing, probation division staff presents the facts of the case but do not represent either party. You can have an attorney at an enforcement hearing. If the case is being heard by a hearing officer, he or she will make recommendations regarding the outcome of the hearing. Either party has the right to object to the recommendations. If either party objects, the matter will be referred to a judge. If there is no objection, the hearing officer’s recommendations are referred to a judge for review. If the judge approves the recommendations, they become a binding court order. Modifications of support orders should not occur during enforcement hearings. Instead, modification requests should be filed and heard in the family court. Bench Warrants Bench warrants may be issued in child support and spousal support cases. There are two types of support warrants: 1. Failure to Appear – When the person ordered to pay support fails to appear for a hearing. 2. Failure to Pay – When the person ordered to pay support does not pay and there is bench warrant status provision in the court order, a warrant could be issued for failure to comply with the court order. Note: If a bench war r ant is issued by the cour t, it will automatically result in a driver’s license suspension. This does not apply in alimony only cases. Tax Offset If the amount of unpaid child support meets or exceeds a specific threshold and the obligor is entitled to a federal or state tax refund or homestead rebate, the refund(s) could be applied to pay unpaid child support. Your Guide to the New Jersey Judiciary Child Support Enforcement Program
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Judgments When child support is unpaid, a judgment is recorded by the clerk of the Superior Court. This creates a claim against the obligor and could appear on a credit report and prevent the sale or transfer of real property. Unpaid or past due amounts of child support are automatic judgments. Credit Bureau Notification Past due child support can be reported to credit agencies if the obligor owes $1,000 or more in unpaid support. This could affect the obligor’s credit rating when buying a home, car or applying for a credit card. Financial Institution Data Match (FIDM) The Financial Institution Data Match is a federally mandated program that enables states to freeze and seize money in accounts belonging to obligors who have not paid support in 35 days or owe three months’ arrears (minimum $200). Child Support Lien Network (CSLN) The Child Support Lien Network was developed to levy insurance claims such as personal injury and worker’s compensation awarded to obligors. Passport Denial An obligor owing more than $2,500 in past due child support will be denied the issuance or renewal of a United States passport. License Suspension Obligors who have not paid child support or provided court ordered health care coverage in six months or who have had a bench warrant issued for their arrest could have their driver’s license suspended. Other professional or recreational licenses also could be suspended. Lottery Intercept The New Jersey Division of Family Development and the New Jersey State Lottery have initiated a process in which lottery winnings are seized if the winnings are at least $600 and the obligor owes more than $1,000 in past due child support. Project Save Our Children (PSOC) Project Save Our Children was passed by Congress to address the issue of obligors who flee to other states to avoid paying child support. PSOC provides for federal criminal misdemeanor and felony charges
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for the willful nonpayment of child support. The U.S. Attorney’s Office is responsible for prosecuting these cases. For specific information about enforcement options, refer to N.J.S.A. 2A:17, N.J.S.A. 2C:13, N.J.S.A. 5:9, R. 5:6B, P.L. 102 AND 104, 42 U.S.C. 405, 408(7).
Uniform Interstate Family Support Act (UIFSA) New Jersey adopted the federal Uniform Interstate Family Support Act (UIFSA) in March 1998. UIFSA applies in a case when the parties live in more than one state. This law requires employers to comply with other states’ income withholding orders and places limits on where orders can be changed. It also protects the obligor by making sure that only one order for support is in effect at a time and establishes rules for creating only one controlling order when there are multiple orders. If an obligor moves out of state and stops paying child support, the probation division can send a UIFSA request to have the New Jersey child support order registered in the state where the obligor lives. As long as one party continues to live in New Jersey, New Jersey continues to have exclusive jurisdiction over the case. If an obligee moves to New Jersey and has a child support order in another state under UIFSA, the New Jersey probation child support staff will monitor the case and request enforcement from the out-ofstate court. Note: New Jersey also will enforce alimony or spousal support obligations. Other states might not enforce alimony or spousal support. Depending on the state, the obligee could consider hiring an attorney to have the spousal support registered and enforced as a foreign judgment in the obligor’s state of residence. On March 23, 2016, the 2008 amendments to the Uniform Interstate Family Support Act (UIFSA), N.J.S.A . 2A:4-30.124 et seq. were approved and became law effective April 1, 2016. The “Instrument of Ratification for The Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance” became effective Jan. 1, 2017.
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Two requirements under UIFSA and The Hague Convention result in a change to the following statewide practices in New Jersey: All child support orders must be translated into the language of the country where the order is being registered for enforcement and states shall permit litigants residing outside the state to participate by telephone, audiovisual or other electronic means.
Modification Any modification or changes to a support order are processed through the family division of the Superior Court. Obligors and obligees are instructed to file with the family division in the county of venue.
Cost of Living Increase (COLA) Rule 5:6B of the New Jersey Court Rules requires that all child support orders entered, modified or enforced on or after Sept. 1, 1998 be reviewed every two years to reflect changes in the cost of living. The Cost of Living Adjustment (COLA) is an automatic review and adjustment of child support orders enforced by probation. The COLA is based on the average monthly change in the consumer price index (CPI) for the New Jersey metropolitan area. The COLA is not considered a modification. Note: If an or der is modified, the next COLA date will be adjusted to two years from the date of the modification.
Triennial Review States are required to have a process by which child support orders are reviewed and, if appropriate, adjusted at least once every three years. In cases where a family is receiving TANF, a triennial review must be conducted. States also are required to conduct triennial reviews in nonTANF cases if either parent so requests. There does not need to be a substantial change of circumstances, only the passage of three or more years since the order was last reviewed. The parties can request the triennial review through the county welfare agency (CWA). The CWA will review the financial situation of both parties and determine if, based on the New Jersey child support guidelines, the order should be adjusted. The review also determines if a health care provision should be added to the order. 10
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Emancipation Under New Jersey law, 18 is the age of majority. N.J.S.A . 9:17B-3 notwithstanding, there is no fixed age of emancipation. A child who attains the age of 18 or graduates from high school is not automatically emancipated. Emancipation of a child requires an order from the court. The party seeking emancipation of a child must file a modification motion with the family division of the Superior Court in the county of venue. The Court examines the facts of each case to determine if the age or circumstances allows for emancipation of the child. If the court enters an order of emancipation, the emancipation does not relieve the obligor from the payment of arrears or resolve any overpayments unless specifically addressed in the order.
Termination Effective Feb. 1, 2017, New Jersey law establishes 19 as the age when a child support and or medical support obligation will end through probation. The new law allows for child and or medical support to continue up to age 23 through probation for cases in which the dependent is in high school, attending full-time college, vocational or graduate school, is disabled or if the parties reach a separate agreement or if continued support through probation was granted by the court. However, child support, except for arrearages, cannot be collected through probation beyond the child’s 23rd birthday. Parties that want current child support to be collected beyond the 23rd birthday must file with the court for other financial maintenance or reimbursement. For specific information about enforcement options, refer to N.J.S.A . 2A:17 -56.67 et seq.
Frequently Asked Questions How is child support paid? Your child support case has been assigned a case number that begins with “CS” followed by eight numbers and a letter. This number must be clearly indicated when making payments to ensure that your account is properly credited. Support is processed through the New Jersey Family Support Payment Center, P. O. Box 4880, Trenton, N.J. 08650. What if either party moves? Both parties must provide all address changes to PCSE staff within 10 days of the change.
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What if the obligor changes employment? The obligor is required to report any employment changes to the PCSE staff within 10 days of the change. Can payments be made directly to the obligee? No. The order requires that support payments be made through the New Jersey Family Support Payment Center (NJFSPC). Support payments made outside of the probation division cannot be credited without a court order. Additionally, the probation division records serve as documentation to both parties and the court of the amount of support paid. Purchase of goods such as clothing or disposable diapers do not count as child support. Does child support automatically terminate when the child reaches 18? In New Jersey, effective Feb. 1, 2017 N.J.S.A . 2A:17-56.67 et seq. establishes 19 as the age when a child support and or medical support obligation will end through probation. The law allows for child and or medical support to continue up to age 23 through probation for cases in which the dependent is in high school, attending full-time college, vocational or graduate school, is disabled if the parties reach a separate agreement, or if continued support through probation was granted by the court. However, child support, except for arrearages, cannot be collected through probation beyond the child’s 23rd birthday. Parties that want current child support to be collected beyond the 23rd birthday must file with the court for other financial maintenance or reimbursement. What can happen if support payments are not made? An enforcement hearing, which is also called enforcement of litigant’s rights, could be scheduled. The amount of support should not be changed at this hearing. In addition, all child support debts become judgments by operation of law and could adversely affect an obligor’s credit rating and ability to buy or sell real property. Child support arrears also can be subject to income tax refund intercept, credit bureau reporting, seizure of assets and other enforcement actions. Additionally, failure to pay support as directed could result in professional and driver’s license revocation, further court proceedings, and possible arrest and incarceration. If an enforcement hearing is scheduled, who must attend? The obligor must attend the hearing. It can be in the best interest of the obligee to attend, however the obligee is likely not required to attend. Failure of the obligor to appear can result in a default order being entered or a warrant for arrest being issued. 12
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Is a lawyer needed for the enforcement hearing? You can bring an attorney, although one is not required. What does the obligor need to do to prepare for the court hearing? Be prepared to document facts such as earnings and deductions from earnings by bringing current pay stubs, income tax returns and employer’s address and telephone number. If there are child support arrears owed, you could be required to make a payment in court. Can child support be deducted from wages and other sources of income? Yes. Federal and state laws require that child support be deducted from wages and other forms of income for any new or modified support order. Income means, but is not limited to, the obligor’s commissions; salaries; earnings; wages; rent monies; unemployment compensation; any legal or equitable interest or entitlement owed that was acquired by a cause of action; suit; claim or counterclaim; insurance benefits; claims for assets of estates; trusts; federal and state income tax refunds; homestead rebates; state lottery winnings; annuities; retirement benefits; veterans benefits; union benefits or other sources that could be deemed as income. An employer could withhold only a certain percentage from wages. If an order exceeds the maximum amount the employer could deduct, the obligor is responsible for paying the difference to the NJFSPC. The obligor is responsible for verifying that the deduction is being made and is in the correct amount. The obligor should retain all pay stubs for his/her records. The obligor also can call the New Jersey Family Support Services Center or login to the child support web site to ensure that the withholding payment is posted to the account. It is the obligor’s responsibility to make sure the child support is paid. Is there a way to check what support payments have posted to the account? Yes. Call 1-877-655-4371. Payment and case information also can be accessed at njchildsupport.org. If the obligor is unemployed, disabled or has other changes of circumstances, does child support have to be paid? Yes. Child support payments must be made in accordance with the existing court order. The obligor is responsible for payments even during periods of unemployment and disability. The obligor can file a motion in the family division requesting that the court review the child Your Guide to the New Jersey Judiciary Child Support Enforcement Program
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support order. Unless the court rules otherwise, enforcement actions will continue. Unemployment and some disability benefits are considered available income for supporting children. An order to withhold child support from unemployment benefits will be sent to the New Jersey Department of Labor and Industry, Division of Unemployment Insurance. Withheld support will then be sent to the NJFSPC for distribution. What happens if either parent moves out of the county, state or the country? The rules vary depending on the individual situation. Contact the PCSE staff that handles your case for more information. What happens if support is collected through another state? The other state is responsible for direct enforcement and forwards collections to New Jersey for disbursement. If you fall behind in your payments, PCSE staff will request that the other state enforce the order. The child support enforcement agency in the other state should not be contacted directly by the parties. Contact the PCSE staff currently handling the child support case. Can the child support amount ever be changed? Possibly, provided that the requesting party can demonstrate a valid reason to the court for an increase or decrease in support. A motion requesting a hearing must be filed with the family division of Superior Court. Motions must be filed in the county of venue, which is the county in which the support order was originally entered. The parties can obtain an attorney or represent themselves. Information about selfrepresentation can be obtained at njcourts.gov or at the local family division. What should the obligee bring to the court hearing? Any and all information the obligee has regarding the obligor’s finances would be helpful. The obligor’s Social Security number, date of birth and address could be needed. Information about the obligor’s source of income could be helpful to the case. Any information about the obligor’s assets, such as property, bank accounts, and other assets, could help the judge or hearing officer determine enforcement of the case. Information about lawsuits, perhaps resulting from an accident, also could be important. Before the court date, support is paid in full. Will a hearing still be held? Yes. There will be a hearing unless it is cancelled in advance by PCSE staff. Generally, despite the pre-court payment, there could still be 14
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issues that need to be addressed, such as making sure that regular payments are made in the future and that medical coverage is provided. If the obligee receives public assistance for a child or children, is a hearing necessary? Yes, the obligor still must pay child support. The money is collected from the obligor and disbursed to the county welfare agency to reimburse the monthly grant. A hearing could be necessary if the obligor is not paying support as ordered or has not provided medical coverage for the children. The obligor was ordered to provide medical coverage for the child but has not. What can be done? The obligee should contact the probation division that handles the case. The probation division could schedule a hearing to enforce the court order that deals with medical coverage. What if an interpreter is needed in court? If a party requires interpreting services, he or she must contact PCSE staff before the hearing to let them know that a court interpreter is needed. This will allow PCSE staff time to make arrangements in advance instead of rescheduling the hearing.
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Online Resources njcourts.gov This site is maintained by the Judiciary and provides office locations, mailing addresses, fax numbers, office hours and services provided. njchildsupport.org This site is maintained by the New Jersey Department of Human Services and provides important information regarding the child support program as well as specific case information, such as account balance, court hearings and last payment information. acf.hhs.gov/programs/cse This site provides extensive information about the federal child support program and individual state information.
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Contact Information - 1-877-655-4371 (1-877-NJKIDS1) Family
Atlantic
Atlantic County Civil Court Building 1201 Bacharach Blvd Atlantic City, NJ 08401
Probation
Welfare
Atlantic County Child Support 1201 Bacharach Blvd. PO Box 5129 Atlantic City, NJ 08401
Atlantic County Department of Family & Community Development 1333 Atlantic Ave, 3rd Floor PO Box 869 Atlantic City, NJ 08401
Bergen County Child Support 10 Main St., Bldg. 39 Hackensack, NJ 07601
Bergen County Board of Social Services 218 Route 17 North Rochelle Park, NJ 07662
Bergen Bergen County Superior Court Family Part 10 Main St., Room 163 Bergen County Courthouse Hackensack, NJ 07601
Burlington Burlington County Courts Facility 49 Rancocas Road, 3rd Floor Mount Holly, NJ 08060
Burlington County Child Support Burlington County Board of Enforcement Services Social Services 50 Rancocas Road, 2nd Floor Burlington County Human PO Box 6555 Services Facility Mount Holly, NJ 08060 795 Woodlane Road Mount Holly, NJ 08060
Camden Camden County Hall of Justice 101 S.5th St. Camden, NJ 08103-4001
Camden County Child Support Probation 5 Executive Campus, Suite 200 PO Box 8107 Cherry Hill, NJ 08002
Camden County Board of Social Services County Administration Bldg. 600 Market St. Camden, NJ 08102-1255
Cape May County Probation Enforcement Court Complex 9 N.Main St., Cape May Courthouse, NJ 08210
Cape May County Board of Social Services Social Services Bldg. 4005 Route 9 South Rio Grande, NJ 08242-1911
Cumberland County Child Support 60 W. Broad St. Bridgeton, NJ 08302
Cumberland County Board of Social Services 275 N. Delsea Drive Vineland, NJ 08360-3607
Essex County Child Support 212 Washington St., 11th Floor Newark, NJ 07102
Essex County Div. of Welfare 18 Rector St., 9th floor Newark, NJ 07102
Cape May Cape May County Family Division, Court Complex 4 Moore Road Cape May Courthouse, NJ 08210
Cumberland Cumberland County Family Division Courthouse Broad and Fayette streets PO Box 866 Bridgeton, NJ 08302
Essex Essex County Family Division Central Intake Unit 212 Washington St. Newark, NJ 07102
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Contact Information - 1-877-655-4371 (1-877-NJKIDS1) Family
Probation
Welfare
Gloucester Gloucester County Family Div. 70 Hunter St. Woodbury, NJ 08096
Gloucester County Child Support Gloucester County Board of Social Services 1893 Hurffville Road Sewell, NJ 08080 400 Hollydell Dr. Sewell, NJ 08080
Hudson Hudson County Family Division Administration Building 595 Newark Ave, Room 203 Jersey City, NJ 07306
Hudson County Child Support Child Support Enforcement Unit 595 Newark Ave, Room 301, 3rd floor Jersey City, NJ 07306
Hudson County Department of Social Services Division of Welfare JFK Office Bldg. 257 Cornelison Ave. Jersey City, NJ 07302
Hunterdon Hunterdon County Justice Center Hunterdon County Child Support Hunterdon County Division of Social Services, Community 65 Park Ave., PO Box 578 65 Park Ave. Services Center Flemington, NJ 08822 Flemington, NJ 08822 6 Gauntt Place PO Box 2900 Flemington, NJ 08822
Mercer Mercer County Family Court 175 S. Broad St. PO Box 8068 Trenton, NJ 08650
Mercer County Child Support 175 S. Broad St. PO Box 8068 Trenton, NJ 08650
Mercer County Board of Social Services 200 Woolverton St. PO Box 1450 Trenton, NJ 08650
Middlesex Middlesex County Family Courthouse 120 New St. PO Box 2691 New Brunswick, NJ 08903
Middlesex County Child Support Middlesex County Board of Social Services 189 New St PO Box 789 181 How Lane New Brunswick, NJ 08901 PO Box 509 New Brunswick, NJ 08903
Monmouth Monmouth County Courthouse 71 Monument Park P.O. Box 1252 Freehold, NJ 07728-1252
Monmouth County Probation 30 Mechanic St. PO Box 1259 Freehold, NJ 07728-1259
Monmouth County Division of Social Services PO Box 3000 Kozlowski Road Freehold, NJ 07728
Morris County Child Support Administration & Records Bldg. 10 Court St., PO Box 910 Morristown, NJ 07963-0910
Morris County Office of Temporary Assistance 340 W. Hanover St. PO Box 900 Morristown, NJ 07963-9904
Morris Morris County Courthouse Washington Street PO Box 910 Morristown, NJ 07963-0910
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SECTION 4: Sample Client
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3/6/25, 11:36AM
VLJ: Ca ses: George Miller : Print Inta ke Information
Client Information Name Date of Birth, Age What is your Gender Identity? What is your preferred
John Miller 05/01/1970 , 54
Male
English
Language? Interpreter Needed What is your Racial Identity? Are you a veterans or current service member?
N/A
Black/African American
Yes
Contact information Address
Preferred Phone
123 Main Street, Newark, New Jersey Home Phone
Mobile Phone
973-123-4567
Email Address
j.miller@gmail.com
Adverse Party Information Adverse Party Summary
Adverse Party Name: Adverse Party Address: S tate: NJ Relationship Type: N/A
l
Case Information Intake Date Legal Problem Code
02/28/2023 63 Private Landlord/Tenant
313 https://vlj.legalserver.org/matter/dynamic_profile/view/47052?profile_id=492
1/2
VETERANS LEGAL WELLNESS CLINIC – VOLUNTEER PACKET Volunteer Lawyers for Justice (VLJ) Please review the information below and complete the fields at the bottom of the page while you wait for your first or next client. •
Each appointment should begin with introductions and a review of VLJ’s limited scope retainer agreement (collect verbal consent).
•
VLJ assists with specific civil legal issues: o Housing instability (for example, at risk of or facing eviction) o Financial issues (for example, pending lawsuit, overwhelming debt, or judgment) o Criminal record expungement (NJ charges only) o Child support modification (NJ orders only) o Suspended NJ driver’s license o Estate planning (for example, drafting a Will, Power of Attorney, and/or Medical Directive)
•
For issues not handled by VLJ/VLJ’s pro bono panel, or for non-legal issues, refer to https://www.vljnj.org/veterans-volunteer-resources or look online for meaningful referrals to provide to the veteran.
•
Breaking bad news can be challenging, but it is crucial for you as volunteers to set reasonable expectations for all veteran clients and be honest about what services we may/may not be able to provide.
•
Today’s goals include: (1) Identify any/all issues (2) Provide advice on the spot whenever possible (i.e., if you know employment law and the veteran is experiencing an employment-related issue, advise appropriately). (3) Help prioritize next steps
•
Through the appointment, take detailed notes if you have identified a legal issue VLJ can assist with.
•
If the veteran needs help with expunging a criminal record, is considering bankruptcy, seeking to modify an existing child support order, and/or have estate planning documents prepared, there are additional assessment questionnaires that must be completed (lined within), in addition to this Volunteer Packet.
This packet includes the following sections. You must complete all sections for each client you meet with (one packet per team, per client). • Part 1: Limited Scope Legal Services Acknowledgement and Understanding • Part 2: Questionnaire • Part 3: Volunteer Report Form Submit completed packets via email to VLJ’s Veterans Legal Program team, Alexandra Bravo (abravo@vljnj.org) and Katiana Guerrier (kguerrier@vljnj.org). Volunteer Team Attorney 1 Name: Attorney 3 Name:
Alexandra Bravo
Attorney 2 Name:
Katiana Guerrier
(if applicable) Non-Attorney Name:
Katiana Guerrier
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Volunteer Lawyers for Justice P.O. Box 32040, Newark, NJ 07102 Phone: (973) 645-1955 Fax: (973) 645-1954 www.vljnj.org Veteran Name: John Miller
Today’s Date: 3/6/2025
Part 1. Limited Scope Legal Services Acknowledgement and Understanding This is an Acknowledgment between Volunteer Lawyers for Justice, its volunteers and staff and you. It contains the basic terms of our agreement to provide you with limited legal advice and assistance so that you can better represent yourself in your legal matter. Scope of Legal Advice. You are representing yourself in your legal matter. Neither Volunteer Lawyers for Justice nor the volunteer you are meeting with today is representing you in any capacity. The volunteer agrees to provide you with legal advice based upon the information that you give him/her at the legal clinic. The volunteer is not agreeing to perform any outside investigation of the facts of your legal matter. Duration of Legal Help. This arrangement to advise you will begin right now and will end at the completion of our meeting today. Unless agreed to in writing, neither Volunteer Lawyers for Justice nor the volunteer you are meeting with will help you in any capacity after the completion of today’s appointment and or assume liability regarding the outcome of your legal matter. Attorney’s Fee and Costs. There is no cost for our meeting. You are responsible for all legal costs and fees outside of this legal clinic. Declining to Advise. We may decline to advise you as follows: (1) If we have a conflict of interest – for example, if we have already advised or provided representation to the opposing party in your case, we have a legal conflict of interest and cannot provide you with any legal advice; (2) If your legal problems are too complicated and beyond the scope of this project; or (3) If for any other reason set forth in the New Jersey Rules of Professional Conduct.
CONSENT CONFIRMATION (must check one):
3/6/2025 ✔ On _______________________, the LIMITED SCOPE LEGAL SERVICES ACKNOWLEDGMENT
John Miller AND UNDERSTANDING was reviewed with "Client" (_______________________), and Client provided verbal consent.
3/6/2025 On _______________________, the LIMITED SCOPE LEGAL SERVICES ACKNOWLEDGMENT John Miller AND UNDERSTANDING was reviewed with "Client" (_______________________), and Client did not provide verbal consent. Volunteers:
Alexandra Bravo Attorney 1
Katiana Guerrier Attorney 2
Attorney 3
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Part 2. Questionnaire Veteran Client Name:
John Miller
Please read to veteran client after introductions so they know what to expect from their meeting with you.
I am a volunteer attorney partnering with Volunteer Lawyers for Justice. Today’s appointment aims to identify areas where you might need additional legal advice or help. While we won’t resolve the issues in our time today, you will get advice on how to tackle the problems you face. As we go through this interview, we will ask some questions to help identify any issues that might have legal relief options. Our questions are not intended to embarrass you or make you feel uncomfortable. If you would rather not talk about a particular subject, let me/us know, and we will move on. Before we start going through my questions: • Is there a particular issue bringing you to see us today? • Have you or anyone else in your home recently spoken to an attorney about any issues? • Are there any upcoming court dates? Notes from the initial discussion with the veteran client:
Client is seeking assistance with his tenancy matter. Client is behind on rent and LL is threatening to evict him if he does not come current by end of the month. No eviction complaint filed yet and client is already connected with community partner who may provide rental assistance. Client mentioned having a hard time with employment as well
Identifying any HOUSING ISSUES: 1) What is your living situation?
✔ Renting
Homeowner Unhoused / without permanent housing Supportive housing (e.g., SSVF housing, Community Hope)
If renting: 1) Are you up-to-date on rent payments? If NO,
Yes
✔ No
How far behind: 3 months - $3600 Has your landlord filed an eviction proceeding against you in court? Yes
No ✔
Unsure
Do you rent from a private landlord or have subsidized housing (Section 8)?
Private landlord ✔
Subsidized housing
2) Are you having any of the following problems? Repairs not being done Heat doesn’t work Mold, bugs, or rodents Unsafe conditions Other: ADDITIONAL ACTION ITEMS: If the veteran is facing eviction or at risk of eviction, complete a Housing/Eviction Questionnaire. 316
Identifying any FINANCIAL ISSUES: 1) Are you concerned with any debts? No ✔ Yes, credit card debt
✔ Yes, medical debt
Yes, other debts
2) Are you getting phone calls and/or letters about outstanding bills? No ✔ Yes 3) Have you been sued by any companies (or people) you owe money to? Yes If yes, can you provide the court case (“docket”) number ✔ No (e.g., “ESX-DC-0000-25): 4) Are your wages being garnished/has your bank account been levied? Yes If yes, can you provide any more details: ✔ No
5) Do you have any other debt (i.e., owe money to family or friends)? Yes ✔ No 6) Have you ever considered bankruptcy or want to see if that may be an option for you? No ✔ Yes 7) Have you had a bankruptcy discharge in the last eight (8) years? Yes If “Yes” advise that they are not yet eligible to file for ✔ No Chapter 7 bankruptcy again. ADDITIONAL ACTION ITEMS: If the veteran has significant debt and/or is interested in seeing if they are a good candidate for Chapter 7 bankruptcy, complete a Bankruptcy Intake Questionnaire. Relevant notes:
BIQ was completed
Identifying BARRIERS TO EMPLOYMENT: 1) Are you currently employed? Yes ✔ No
Not applicable
2) If unemployed or underemployed, have any of the following impacted your ability to find a job or secure the job you want?
✔ A NJ criminal record A suspended NJ driver’s license Other:
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For CRIMINAL RECORD 1) Do you have a pending or open criminal case(s)?
Yes
✔ No
Unsure
Important Note: If veteran has a pending or open case, advise the veteran that they are not eligible for expungement at this time. Explain that they need to wait for a final disposition. Client should be referred to their regional Public Defenders Office or their county’s Lawyer Referral Service office if they need of legal advice or representation. ADDITIONAL ACTION ITEMS: If the veteran has a criminal record (no active cases), complete an Expungement Eligibility Assessment. For SUSPENDED LICENSE: Important Note: If the client's driver’s license is suspended, advise the veteran not to drive with a suspended license. ADDITIONAL ACTION ITEMS: If the veteran's license is suspended, indicate in your final notes that VLJ should send the veteran an MVC Consent Form. Relevant notes: Additional notes regarding barriers to employment.
Identifying any FAMILY LAW ISSUES: 1) Do you have any family law-related concerns such as divorce or child support? Yes
No
✔ Not applicable
For DIVORCE:
1) Have you or your spouse filed a divorce complaint yet?
Yes
No
Unsure
2) If yes, what part of the process are you in (Answer/Counterclaim? Conference?)
3) If No, are you looking to file?
Yes
No
Do you know where your spouse lives?
Yes
Do you have minor children with your spouse?
Yes
No No
Do you have any assets or debts that need to be divided?
Yes
No
ADDITIONAL ACTION ITEMS: If the veteran seeks in-court representation and/or is within the divorce process and has already had an initial conference with the judge, they should be referred to their local Lawyer Referral Service office. For CHILD SUPPORT:
1) Do you have an existing child support order that you want to modify?
Yes
No 318
2) If Yes, is the case in NJ?
Yes
No
Important Note: NJ’s enforcement of an out-of-state order does not automatically give NJ jurisdiction to modify it. If the veteran seeks to modify an out-of-state child support order, refer to a legal services agency in the state overseeing their order. 3) When was the last order put in place (month/year)? 4) Do any of the following “change in circumstances” apply to you since the last order was put in place? Check all that apply. Have you experienced a change in income or employment status? Is the job loss permanent and involuntary? If the veteran indicated a change related to their employment/income: 1. Have you had the opportunity to look for new employment in the same field or a different field? If yes, describe your employment search and outcome. If no, please explain further.
2. Do you have any other sources of income (e.g., personal savings, retirement)? Important Note: Most judges will require a parent to spend down these accounts before a support reduction is considered. Has the custodial parent inherited money, received a significant raise, or otherwise increased their ability to support the children? Have you become permanently disabled? Please note what, if any, disability benefits are being received: Do you now have additional children? Do you now have multiple support orders? Have you increased parenting time? Have you been accruing work-related childcare costs? Have you had to pay for a significant medical expenses for your child? Have you been incarcerated for 1 year or more?
5) If the veteran indicated a change other than employment/ income since the last order, provide details, including important dates?
Eligibility Note: The change in circumstances must be permanent and substantial to support making a request to reduce child support. If the veteran has not experienced any of these changes, they likely do not have grounds to file a motion. 319
6) Dependents may be eligible for emancipation if any of the following circumstances apply. Check all that apply. Yes
Is your child married? Is your child enrolled in the military? Are they working full-time?
No
Unsure
Does not include if dependent and working during summer breaks
Did they stop pursuing post-secondary education (i.e., college or trade school)? Did they leave home and now live independently?
This does not include children who reside at college for the academic semesters
ADDITIONAL ACTION ITEMS: If the veteran appears to have grounds to request a modification of their child support order, complete a Child Support Questionnaire. Ask the client to begin gathering prior family court orders after their appointment and send them to VLJ. If the veteran does not have copies of their court orders, complete a Record Request Form on the client’s behalf. VLJ will submit it to the court on behalf of the client. Relevant notes: Additional notes regarding divorce or child support.
Identifying ESTATE PLANNING NEEDS: 1) Do you have a will, medical directive, and power of attorney? Yes No Unsure ✔ 2) If No or Unsure, are you interested in having any of the documents prepared? Will
Medical Directive
Power of Attorney
Important Note If the client is seeking a divorce, it may be advisable to wait until after the divorce is finalized to prepare a Will. Discuss options with VLJ staff. ADDITIONAL ACTION ITEMS: If the veteran is interested in having estate planning documents prepared, complete an Estate Planning Questionnaire --- for Married Veterans, for Single Veterans. Relevant notes: Additional notes regarding estate planning.
Identifying OTHER ISSUES: Are there any other issues that you would like to discuss?
VA Benefit appeals and concerns about wrongful termination
320
Part 3. Volunteer Report Form Complete the following based on your conversation with
.
John Miller
The goal is to report to VLJ what was discussed and completed during the appointment. VLJ will use this form to follow up with the veteran to provide your advice in writing and share actionable next steps to move forward with their legal (and non-legal) issues; the form will also be used to record pro bono time spent. Upon completion, submit the packet via email to VLJ’s Veterans Legal Program team, Alexandra Bravo (abravo@vljnj.org) and Katiana Guerrier (kguerrier@vljnj.org). Feedback on attorney/client meeting Please provide detailed information about the following: • Does the veteran have any notable upcoming deadlines? No •
What advice/information did your team relay to the veteran during the appointment?
Continue working with Comm. Partner to obtain rental assistance •
Which, if any, of the additional forms or questionnaires were completed with the veteran: Housing/Eviction Questionnaire
✔ Bankruptcy Intake Questionnaire ✔ Expungement Eligibility Assessment Child Support Questionnaire Records Request Form Estate Planning Questionnaire •
Does VLJ need to help the veteran request a copy of their driving history? Yes, please have the veteran complete an MVC Consent Form
Issues identified Please use the following to confirm and prioritize the veteran’s needs, including advised eligibility status: Priority #
Assessment Results
Issue
Next Step Needed
Housing/Eviction
No action needed
Consumer debt
N/A
2
Bankruptcy
Client interested in filing for Bankruptcy
BIQ completed, VLJ to follow up with client
1
Criminal record expungement
Client is eligible for EX
Client to collect proof of sentence completion
Child support modification
N/A
Suspended driver’s license
N/A
Estate planning
N/A
3
Return to VLJ if eviction complaint is filed
Other: Other: 321
Continued assistance Can any volunteers from this team continue to assist veteran John Miller today’s clinic?
beyond
Examples include being a “buddy” to help clients obtain supplemental records, brief services to draft court pleading, representation in court, etc. Even if someone from today’s team cannot continue, please consider your law firm’s / legal department’s areas of expertise and whether a referral could be made to your office generally. It’s so beneficial for our veterans to receive consistent, continued assistance with one (or more) of the issues identified. If so, indicate which volunteer and which legal issue. Volunteer Name
Legal Issue
Alexandra Bravo
Expungement- Record Request
Pro bono time Confirm how much time you spent meeting with veteran 1
.
Additional notes for VLJ
Client raised concerns regarding VA benefits Appeal and Wrongful termination .Following referrals were provided: VA Benefits: Essex County VSO : Richard Mannes, VSO Toll Free: 844-671-1019 Phone: 973-297-3230 Fax: 973-648-2356 Richard.Mannes@dmava.nj.gov Wrongful termination: Essex County Bar Association Lawyer Referral Service https://essexbar.com/lawyer-referral-service/
Save this packet (and any additional questionnaires or forms completed) and email ALL to VLJ’s Veterans Legal Program team: Alexandra Bravo (abravo@vljnj.org) and Katiana Guerrier (kguerrier@vljnj.org). 322
323
324
3/4/25, 11:47 PM
-✓
Criminal Cases: PROM IS/Gavel Public Access
Criminal Cases: PROMIS/Gavel Public Access: Aggregate Sentence
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�___P_r i_or_ F_ e_ e_s___ CASE NUMBER : 99000148 DEFENDANT NAME: SOTO
NELSON
DEF SEQ NO: 001 SENTENCE SEQ NO: 001
A
0000 CHARGING DOC : INDICTMENT CDR NO: CHARGE COUNT : 001 STATUTE : 2C:39-5B IND/ACC NO : 99-05-00895-I STATUTE : UNLAWFUL POSSESSION OF WEAPONS - AIR/SPRING PISTOL STATUTE DEG SENTENCE CONT : AGGREGATE SENTENCE : THIRD DEGREE SENTENCE DISP : NON-CUSTODIAL JAIL DAYS: 0003 INCAR LENGTH: 000Y00M000 PLACE SENTENCE: GAP: 0000 PRIOR SVC: 0000 ROSADO: 000 PAROLE INELIG : 00V00M000 CSL/PSL PAROLE SUPERVISION: 00V00M000 PROBATION TIME: 02V00M COMM SERV HR: 0050 LICENSE SUSP : 000
:
SENTENCE DATE : 10 08 1999 KEVIN JUDGE RO-2 : : CALLAHAN G RO-1 : ------------------------------FEES AND FINES--------------------------------SNSF : LAB
75.00
LETF :
30.00
VCCA :
50.00
250.00
:
DESI :
FINE :
:
:
:
:
:
:
:
:
:
Copyrighted © 2007 - New Jersey Judiciary BUILD 2024.0.12.02.01
325 https://portal.njcourts.gov/webe41/ExternalPGPA/entry
1/1
Veterans Legal Wellness Clinic – Expungement Eligibility Assessment Form 1) Confirm spelling of veteran’s name (and if they have a middle initial): N/A 2) Confirm veterans’ date of birth: N/A 3) Ask the veteran to list all convictions (not arrests), and complete the below: If the client is unsure, run public access searches to determine the veterans eligibility for expungement under NJ statute: 1. Visit Superior Court Case Search (Promis Gavel); note: i. Title 2C: is the New Jersey code for criminal matters ii. Title 39: Motor vehicles violations and so not relevant for expungement purposes 2. Visit Municipal Court Case Search (MCCS) Download how-to guide HERE; save all search results and send to VLJ ☐ Disorderly persons
Indictable crime
☐ PTI/CD
☐ Dismissal
☐ PTI/CD
☐ Dismissal
Offense name and statute (final): No action needed Date of arrest/charge:
5/20/1997
Arrest Disposition: Dismissed 1 Disposition date:
9/10/1997
Type of sentence: Date sentence completed: ✔
☐ Disorderly persons
Indictable crime
Offense name and statute (final): N/A Date of arrest/charge:
Arrest Disposition: Conviction 2 Disposition date:
10/08/1999
Type of sentence:
2 years of Probation and fines
Date sentence completed: Indictable crime
Probation completed in 2001, Fines - client believes he paid all fines ☐ Disorderly persons
☐ PTI/CD
☐ Dismissal
Offense name and statute (final): Client interested in filing for Bankruptcy
Arrest Date of arrest/charge: 3 8/15/2008 Disposition:
Guilty
326
Disposition date:
6/2/2009
Type of sentence:
Fines
Date sentence completed: Indictable crime
Fines paid by 3/29/2010 ☐ Disorderly persons
☐ PTI/CD
☐ Dismissal
☐ PTI/CD
☐ Dismissal
Offense name and statute (final): Client is eligible for EX Date of arrest/charge:
Arrest Disposition: 4 Disposition date: Type of the sentence: Date sentence completed: Indictable crime
☐ Disorderly persons
Offense name and statute (final): N/A Date of arrest/charge:
Arrest Disposition: 5 Disposition date: Type of sentence: Date sentence completed:
Barred Offenses (not an exhaustive list) • • • • • • • • • • • • • • • • • •
Robbery Kidnapping Human Trafficking Luring or Enticing Aggravated Sexual Assault Aggravated Criminal Sexual Contact Criminal Sexual Contact (if the victim is a minor) Arson and related offenses Terrorism Selling or Manufacturing Child Pornography Knowingly Promoting the Prostitution of the Actor’s Child Perjury Criminal Homicide (except death by auto as specified in N.J.S.A. 2C:11-5) False Swearing Conspiracies or Attempts and to Attempt Such Crimes Criminal Restraint (if the victim is a minor and the offender is not the parent of the victim) False Imprisonment (if the victim is a minor and the offender is not the parent of the victim) Producing or Possessing Chemical Weapons, Biological Agents, or Nuclear or Radiological Device 1st or 2nd-degree controlled substances – sale or distribution of CDS or possession with intent to sell 4rd and 4th degree may be eligible where the court finds that compelling circumstances exist to grant the expungement
• • •
Endangering the Welfare of a Child by Engaging in Sexual Conduct that would Impair or Debauch the morals of the Child Endangering the Welfare of a Child by Photographing or Filming a Child in a Prohibited Sex Act or Simulated Sex Act, or 327 Reproducing or Reconstructing such an Image Causing or Permitting a Child to Engage in a Prohibited Sexual Act
Continue reviewing the convictions (page 1) to complete the assessment below. 4) Are any for barred offenses (refer to list on page 2)?
Yes
✔ No
If Yes, advise the veteran that they do not appear to be eligible for expungement. If No, continue with assessment
5) Does the veteran ONLY have indictable crime offense(s)?
Yes
✔ No If No, SKIP to # 7.
If more than one (1): are they from different dates, arising from different arrests? • If Yes, SKIP to #8 to see if the veteran qualifies under Clean State Expungement. • If No, the veteran may be eligible; proceed to “If only one (1)” question.
Yes
No
If only one (1): has it been more than five (5) years from the date of conviction, time served, payment of fine, and end of probation or parole (whichever is the latest)?
Yes
No
•
If Yes, the veteran may be eligible;
•
If No, has it been at least four (4) years? Yes No If Yes, the veteran may qualify the “Lowered Time” period if there are compelling reasons If No, has it been five (5) years since completion of sentence except for the fine payment? If Yes, the veteran may be eligible.
6) Does the veteran ONLY have disorderly person offense(s)?
Yes
✔ No
If No, SKIP to # 7.
If more than five (5), the veteran may qualify for Clean Slate Expungement. SKIP to #8. If less than five (5), how long has it been since the last date of conviction, time served, payment of fine, and end of probation or parole (whichever is the latest)? • • •
If more than five (5) years, the veteran may be eligible for expungement; If less than five (5) years but more than three (3) years, the veterans may qualify for a reduced 3-year waiting period if there are completing reasons. If less than three (3), advise the veteran that they do not appear to be eligible for expungement yet (“untimely”).
7) Does the veteran have BOTH indictable crime offenses & disorderly person offenses?
✔ Yes
No
If more than one (1) indictable crime OR more than three (3) disorderly persons, the veteran may qualify for Clean Slate Expungement. SKIP to #8. If one (1) indictable crime and UP TO three (3) disorderly persons, has it been at least five (5) years since the completion of the sentence (whoever is the latest)? •
No
If No, has it been five (5) years since completion of sentence except for fine payment? Yes
•
✔ Yes
No
If No, do they have compelling reasons? Explain:
If less than five (5), advise the veteran that they do not appear to be eligible for expungement yet (“untimely”). 328
8) Clean Slate Expungement: has been at least ten (10) years since the last date of conviction or payment of fine or end date of probation or parole (whichever is the latest). If more than ten (10) years have passed, or more, the veteran may submit a petition to the court for an expungement until an automated system is developed. If less than ten (10) years have passed, has it been ten (10) years since completion of sentence except for the fine payment. • If Yes, the veteran may be eligible • If no, advise the veteran that they do not appear to be eligible for expungement yet (“untimely”). 9) Does the veteran have dismissed or not guilty charges ONLY?
Yes
✔ No
ELIGIBILITY NOTE: If Yes, the veteran is eligible to seek expungement immediately; continue with assessment. 10) Does the veteran have PTI dismissals or conditional discharges?
✔ No
Yes
ELIGIBILITY NOTE: If Yes, the veteran may seek expungement of diversionary program records six (6) months after successful completion of the program; continue with assessment. 11) Does the veteran have a violation of a Municipal Ordinance?
Yes
✔ No
ELIGIBILITY NOTE: If Yes, the veteran may seek expungement of their violation two (2) years after sentence completion as long as they do not have an indictable offense conviction and only up to two (2) disorderly person convictions; continue with assessment. 12) Does the veteran have a Juvenile Record?
Yes
✔ No
ELIGIBILITY NOTE: If Yes, the veteran may be eligible for expungement; continue with assessment. 13) Does the veteran have any out-of-state arrests or convictions?
Yes
✔ No
ELIGIBILITY NOTE: While VLJ can only assist with NJ records, out-of-state matters MUST be disclosed in any expungement petition to the court and may affect eligibility. Eligibility Determination ✔ Appears veteran is eligible to expunge their entire record Appears veteran is eligible to expunge a partial record Appears veteran is not eligible: More than one (1) indictable crime / No Clean Slate More than five (5) disorderly persons / No Clean Slate One (1) indictable crime and more than three (3) disorderly persons / No Clean Slate Appears veteran is not yet eligible (“untimely”) Appears veteran is not eligible (“barred conviction”) Other important factors that were disclosed Veteran has a federal conviction: Veteran has out-of-state convictions
IF CLIENT IS INELIGIBLE: Ask their reasons for seeking an expungement (i.e., employment, housing, etc.) Help to strategize with them ways they may achieve their goals without an expungement (i.e., work/job readiness program, employment programs offered through the city, homeless prevention programs, etc. Look up relevant 329 referral.
Volunteer Lawyers for Justice P.O. Box 32040, Newark, NJ 07102 Phone: (973) 645-1955 Fax: (973) 645-1954 www.vljnj.org
Veterans Legal Wellness Clinic - Bankruptcy Intake Questionnaire ("BIQ") Veterans Name: John Miller 1.
Date: 3/6/2025
Have you lived in the county you currently live in for at least 90 of the past 180 days? Yes ✔
No
If "Yes", which county: Essex 2.
Have you (and/or your spouse) filed for bankruptcy before? Yes If "Yes,"
No
✔
a. When: b. What type: Chapter 7 (total discharge) Chapter 13 (repayment plan) c. Was your debt discharged?
3.
Yes
No
Have any of your creditors taken money directly out of your paycheck or out of your bank account, frozen your bank account, or placed a lien on your property? Yes
4.
No ✔
What is the source and amount of your income?
✔ Employment $2000
Social Security $
Pension $
Unemployment $
Workers Compensation $
VA Benefits $
Crime Victims Compensation $ Child Support/Alimony
$
✔ Public Assistance or Benefits $200 Other $
330
1
5.
Estimated Monthly Expenses: Rent or home mortgage payments (include real estate taxes and insurance, if applicable) Utilities (electricity/heating fuel, water, sewage, telephone) Food
$
300
$
Food Stamps covers $200
300
Clothing (including purchase of clothes, laundry, dry cleaning) Transportation
$
20
$
100
$
Insurance (e.g., homeowner/rental, life, health, auto)
100
Family support paid to others (e.g., you pay child support)
$
Other regular monthly expenses:
$ $
Total estimated expenses 6.
$ 1200
2020
Let’s talk about your debt; we need to know approximately how much you owe (NOTE: ALL of your debt will need to be listed on a bankruptcy filing, even if you wish to pay it back, so please do not skip anything): DEBT TYPE
AMOUNT(S)
NOTES
Credit cards (including store credit)
$13,649
Chase - $4630 , Costco $5062 CitiBank - $3957
Medical bills (already received and anticipated)
$28,416
Atlantic Health Hospital, Mountainside medical Center, Imaging Specialist
Auto loans (including repossessions $ & co-signs) Utilities
$
Lawsuits or judgments
$
2 331
Alimony or child support
$
Student loans
$ *indicate tax years, if known
IRS debt
$
MVC surcharges
$
Personal loans (including to family/ friends)
$
Co-signs
$
Other
$
Total Estimated Debt $42,065 7.
Is there anything I have not asked you that you feel would be relevant to your bankruptcy case? N/A
ADDITIONAL NOTES:
3 332