What is a clean slate expungment?

The State of New Jersey created a new pathway to expungement for individuals unable to file a traditional expungement. In other words, an individual that would not ordinarily qualify for expungement has an opportunity to present an expungement through a Clean Slate expungement. Although certain restrictions apply, the Clean Slate process for expungement has given numerous individuals the opportunity to move beyond the blemishes on one’s criminal record and start fresh. If you need assistance with a clean slate expungement or to determine if you are eligible, the expungement attorneys at the Tormey Law Firm LLC can help. Contact us now for immediate assistance and a free initial consultation at 201-556-1570.

What is the difference between a clean slate expungement and a regular expungement in NJ?

A Clean Slate expungement allows for more than one felony, more than five disorderly persons offenses/petty disorderly persons offenses and local ordinances to be expunged under one petition; or, in other words, it allows for a petitioner to include a combination of felonies, disorderly persons offenses/petty disorderly persons offenses and ordinances in one petition which would otherwise make the petitioner ineligible. There are some caveats when presenting a Clean Slate expungement petition to the Court. Notably, ten years must have passed from the completion of one’s last conviction, sentence, payment of fines, or whichever is later. Additionally, each of the offenses you are seeking to expunge must be eligible and not barred by expungement statute. Clean Slate allows for a greater number of matters to get sealed from one’s record but does not change one’s ability to expunge something that would otherwise be prohibited. For example, a robbery conviction or an arson conviction is prohibited from expungement pursuant to N.J.S.A. 2C:52-2. Thus, Clean Slate does not override any other section of chapter 52 of Title 2C of the New Jersey Statutes or other section of law. Therefore, a robbery or arson conviction could not be presented in either petition. A key difference between Clean Slate and regular expungement petitions is the number of offenses allowed to be included in a petition and the waiting period to be able to file the petition.

Am I eligible for a clean slate expungement?

Obtaining a criminal background check is a great place to begin when determining whether you are a suitable candidate for a Clean Slate expungement. Another way to determine eligibility is to obtain Court dispositions. A disposition is like a summary from the Court that shows how the case was resolved. Once you know what your convictions are, then we can tell you if you are a good candidate for a Clean Slate expungement. You will also want to know any arrests you’ve had as well. Although arrests not resulting in conviction (in most cases) will not impact Clean Slate eligibility, you do not want to forget to include these matters in your petition because you want to get your whole record sealed.

Does a clean slate expungement look different that a traditional expungement petition?

A regular expungement petition and a Clean Slate expungement petition have the same components because they petition the Court to expunge the arrest and the disposition of each matter on one’s record. Each expungement must also have the required agencies notified (i.e. New Jersey State Police, the Attorney General, certain municipalities such as the Municipal Court and Police Department, the Prosecutor’s Office, Superior Court-Criminal Division, County Jail, etc.). Once the paperwork is filed, the Court will provide a hearing date so there is a tracking date for the matter moving forward. Most expungements are on the papers and do not require Court appearances. However, there are certain circumstances that require an appearance, and it usually is if objection is provided by the State. If objection is provided by the State, the petitioner has time to respond to the objection in writing. In many cases, corrections could be made to get the petition on track for approval. If the State consents to the petition, usually a Final Order is executed by the Court. The Final Order is very important because it is the piece that the required agencies comply with to seal one’s record. Whether your expungement is filed electronically or on paper, it is important for you to have the case information (case number, case disposition, arrest date, sentence and disposition date) coupled with the required State agencies for notification purposes. Therefore, the petitions do not look visibly different because the goal is the same for each type of petition and they require specific information to move forward.

Frequently Asked Questions (FAQ) Regarding Clean Slate Expungement Eligiblity

FAQ: Has 10 years passed since your most recent conviction, i.e. the completion of probation or parole, or release from incarceration?
FAQ: Were you convicted of a non-expungable offense(s) as noted in N.J.S.A. 2C:52-2? For example: kidnapping, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, arson, robbery, certain statutes related to endangering the welfare of a child, perjury/false swearing, homicide, terrorism, certain drug offenses, etc.
FAQ: Do you owe any fines? The Court may be able to enter a Civil Judgment so that you could still proceed with the expungement process.

FAQ: Do you have out-of-state-matters? Although they cannot be expunged in a Clean Slate petition, out-of-state matters could impact one’s eligibility to move forward.

The Clean Slate Expungement Law – Statute – NJSA 2C:52-5.3

7. “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 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 pre-sentence 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).

If you have multiple convictions on your record and are looking for a Clean Slate Expungement, contact The Tormey Law Firm for a free consultation today: 201-556-1570.