How long you wait to clear a record in New Jersey
How long you wait in New Jersey for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
New Jersey law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Regular Expungement - Indictable Offense (crime)
- Waiting periods
- Indictable offense (crime): 5 years, counted from the most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later
Indictable offense, early (compelling circumstances): 4 years, counted from the same latest date
Disorderly persons / petty disorderly persons offense: 5 years, counted from the most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later
New Jersey waiting period helper
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: Regular Expungement - Indictable Offense (crime)
One crime (felony-level indictable offense), or one crime plus up to three disorderly persons / petty disorderly persons offenses; or several crimes listed in a single judgment of conviction or committed as one closely related sequence of events.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Indictable offense (crime) | 5 years You can apply 5 years after the latest of these dates. | The most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later |
Indictable offense, early (compelling circumstances) | 4 years After at least 4 years, the court may grant early expungement if you have no conviction since and it finds compelling circumstances. | The same latest date |
- Not eligible
- Criminal homicide (except death by auto and strict-liability vehicular homicide); kidnapping; luring; human trafficking; sexual assault and aggravated sexual assault; aggravated criminal sexual contact; criminal sexual contact, criminal restraint or false imprisonment of a minor (in listed cases); robbery; arson; child sexual endangerment and child sexual abuse material offenses; perjury and false swearing; promoting prostitution of one's child; terrorism; chemical, biological or nuclear weapons; crimes by public officials touching their office; most drug sale/distribution convictions (except small marijuana/hashish amounts, or third/fourth-degree with compelling circumstances).
- Limits
- Denied if you have had a previous criminal conviction expunged (except municipal ordinance cases and non-conviction records), or if the prosecutor shows the need for the records outweighs relief.
Law: N.J.S.A. 2C:52-2, 2C:52-14, 2C:52-29
Source: Official text
Waiting periods: Regular Expungement - Disorderly Persons and Petty Disorderly Persons Offenses
Up to five disorderly persons and/or petty disorderly persons offenses (or any number entered on the same day or committed as one closely related sequence), if you have no crime conviction. Old marijuana/hashish distribution convictions under 2C:35-5(b)(11)-(12) and some hypodermic-needle convictions count as disorderly persons offenses for this purpose.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Disorderly persons / petty disorderly persons offense | 5 years You can apply 5 years after the latest of these dates. | The most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later |
Disorderly persons offense, early (compelling circumstances) | 3 years After at least 3 years, the court may grant early expungement if you have no conviction since and it finds compelling circumstances. | The same latest date |
- Not eligible
- Not available under this section if you have any crime (indictable) conviction; use the indictable or Clean Slate route instead.
- Limits
- Up to five offenses; a prior criminal expungement bars relief (except under Clean Slate).
Law: N.J.S.A. 2C:52-3
Source: Official text
Waiting periods: Municipal Ordinance Violations
Violations of local ordinances, if you have no crime conviction (before or after) and no more than two disorderly persons or petty disorderly persons convictions.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Municipal ordinance violation | 2 years You can apply 2 years after the latest of these dates. | The conviction, payment of the fine, completion of probation or release from incarceration, whichever is later |
Law: N.J.S.A. 2C:52-4
Source: Official text
Waiting periods: Clean Slate Expungement by Petition
All of your convictions (any number of crimes and offenses), even if you had an earlier expungement, unless one of them is a non-expungeable crime.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Any number of convictions | 10 years You can apply 10 years after the latest of these dates. | The most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later |
- Not eligible
- Any conviction for a crime listed as non-expungeable in N.J.S.A. 2C:52-2(b) or (c).
- Limits
- Petitions under this section end once the State's automated Clean Slate process is established.
Law: N.J.S.A. 2C:52-5.3
Source: Official text
Waiting periods: Arrests Not Resulting in Conviction (including expedited expungement)
Arrests and charges that were dismissed, acquitted, or discharged without a conviction or finding of guilt.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Dismissal or acquittal | No waiting period The Superior Court orders expungement at the time of dismissal or acquittal; if that did not happen, you can petition at any time. | The dismissal, acquittal or discharge |
Dismissal after PTI, conditional discharge or conditional dismissal | 6 months You must wait 6 months after the dismissal. | The order of dismissal |
- Not eligible
- Not available when the dismissal was part of a plea deal on other charges (until that conviction is expunged), or when the case ended because you were found insane or lacked capacity. After PTI, conditional discharge or conditional dismissal you must wait 6 months; after Veterans Diversion or Mental Health Diversion there is no wait.
- Limits
- A non-conviction expungement does not bar any future expungement.
Law: N.J.S.A. 2C:52-6
Source: Official text
Waiting periods: Recovery Court (Drug Court) Expungement
Cases of people who graduated from Recovery Court.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Recovery Court graduation | No waiting period The court can order expungement when you graduate; you only need to apply if you graduated before April 18, 2016. | Graduation |
Law: N.J.S.A. 2C:35-14(m)
Source: Official text
Clean Slate relief in New Jersey
Under the 2021 law and a July 1, 2021 Supreme Court order, the courts expunged cases whose only charges were low-level marijuana or hashish offenses (distribution under 1 oz / 5 g, possession, plus related paraphernalia, use or failure-to-dispose charges). A 2019 law also requires the State to build an automated Clean Slate process that will make all convictions inaccessible 10 years after your last conviction, payment of fines, or end of probation, parole or prison, except non-expungeable crimes. That automated process is not yet running; you must still file a Clean Slate petition.
Marijuana expungements: July 1, 2021. Automated Clean Slate: enacted December 18, 2019, not yet in operation as of 2026 (a May 2026 Assembly bill, A5095, states the automated process still does not exist).
Law: N.J.S.A. 2C:52-6.1; N.J.S.A. 2C:52-5.4
In nearby states
- Delaware: Case ended in your favor (acquittal, dismissal, nolle prosequi, completed probation before judgment): No waiting period, counted from end of the case
- Maryland: Acquittal, dismissal or nolle prosequi: 3 years, counted from disposition
- Connecticut: Not guilty or dismissed: No waiting period, counted from end of the time to appeal (or the final appeal decision)
Your next steps in New Jersey
Check your dates
Use the dates on your court papers, not your memory.
Look at the exclusions
Exclusions and new offenses can matter more than the wait.
Prepare your petition
Once enough time has passed, see how to file. How to file.
Ask for free help
Legal aid can help for free: Legal Services of New Jersey (regional legal services offices) and NJ State Bar Association county lawyer referral services.
Free help in New Jersey
Questions about waiting periods in New Jersey
Which records can be cleared in New Jersey?
Regular Expungement - Indictable Offense (crime): One crime (felony-level indictable offense), or one crime plus up to three disorderly persons / petty disorderly persons offenses; or several crimes listed in a single judgment of conviction or committed as one closely related sequence of events. Regular Expungement - Disorderly Persons and Petty Disorderly Persons Offenses: Up to five disorderly persons and/or petty disorderly persons offenses (or any number entered on the same day or committed as one closely related sequence), if you have no crime conviction. Old marijuana/hashish distribution convictions under 2C:35-5(b)(11)-(12) and some hypodermic-needle convictions count as disorderly persons offenses for this purpose. Municipal Ordinance Violations: Violations of local ordinances, if you have no crime conviction (before or after) and no more than two disorderly persons or petty disorderly persons convictions. Clean Slate Expungement by Petition: All of your convictions (any number of crimes and offenses), even if you had an earlier expungement, unless one of them is a non-expungeable crime. Arrests Not Resulting in Conviction (including expedited expungement): Arrests and charges that were dismissed, acquitted, or discharged without a conviction or finding of guilt. Recovery Court (Drug Court) Expungement: Cases of people who graduated from Recovery Court.
What is the waiting period in New Jersey?
Indictable offense (crime): 5 years, counted from the most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later; Indictable offense, early (compelling circumstances): 4 years, counted from the same latest date; Disorderly persons / petty disorderly persons offense: 5 years, counted from the most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later; Disorderly persons offense, early (compelling circumstances): 3 years, counted from the same latest date.
Will New Jersey clear my record on its own?
Under the 2021 law and a July 1, 2021 Supreme Court order, the courts expunged cases whose only charges were low-level marijuana or hashish offenses (distribution under 1 oz / 5 g, possession, plus related paraphernalia, use or failure-to-dispose charges). A 2019 law also requires the State to build an automated Clean Slate process that will make all convictions inaccessible 10 years after your last conviction, payment of fines, or end of probation, parole or prison, except non-expungeable crimes. That automated process is not yet running; you must still file a Clean Slate petition.
Where can I get free help in New Jersey?
Legal Services of New Jersey (regional legal services offices) and NJ State Bar Association county lawyer referral services.