Legal landscape note: This article was originally published in 2015 and describes the law as it stood at that time. New Jersey law changes frequently -- contact us to discuss how the current law applies to your situation.
Overview
On August 10, 2015, the New Jersey Supreme Court issued a decision that significantly narrowed the availability of expungements for individuals with multiple convictions. In a 5-2 ruling, the Court held that individuals with more than one conviction on their record — even if the second conviction was for a minor disorderly persons offense — could not have their records expunged. The decision departed from what many practitioners had understood to be settled law, creating immediate consequences for petitioners in Hudson, Camden, Passaic, and throughout the state.
The Pre-Existing Understanding
Before this ruling, many attorneys and courts understood New Jersey's expungement statute to permit individuals with no more than two disorderly persons offenses to petition for expungement of those records. This interpretation allowed people who had made relatively minor mistakes on more than one occasion to clear their records after demonstrating rehabilitation.
The practical effect was significant. A young person convicted of simple possession of marijuana and later of disorderly conduct might still seek a fresh start. Someone with two minor shoplifting convictions could similarly petition for relief. The two-offense cap seemed to strike a balance between giving people a second chance and preventing serious repeat offenders from hiding their records.
The Supreme Court's Narrowing Interpretation
The Supreme Court rejected this interpretation. The majority held that the plain language of N.J.S.A. 2C:52-2 — the statute governing expungement of indictable offenses — limits expungement to individuals with "no more than one" conviction of either an indictable offense or a disorderly persons offense. The Court found that the Legislature did not intend to allow individuals with multiple convictions, however minor, to clear their records.
The two dissenting justices argued that the majority's interpretation was unduly harsh and inconsistent with the rehabilitative purpose of the expungement statute. They noted that the ruling would foreclose relief for a substantial number of individuals who had demonstrated years of law-abiding conduct since their convictions.
Impact on Pending Petitions
The ruling had an immediate chilling effect on pending expungement petitions. Individuals with two or more convictions who had filed petitions found their applications denied. Attorneys who had advised clients that they were eligible for expungement had to deliver the difficult news that the Supreme Court had changed the rules.
The Court did leave open the possibility that the Legislature could amend the statute to expand eligibility. This invitation was ultimately accepted: subsequent legislation in 2015, 2016, 2017, and 2019 progressively expanded expungement availability, including through the "Clean Slate" expungement law that took effect on June 15, 2020. Clean Slate allows a petition-based expungement of an entire eligible record after ten conviction-free years, and the same legislation directed the State to develop an automated "clean slate" expungement system.
The Process of Seeking Expungement
Even for individuals who met the one-conviction standard after the 2015 ruling, the expungement process remained demanding. A petitioner must file in the Superior Court of the county where the conviction was entered, serve notice on multiple state agencies, and demonstrate that they have satisfied all court-ordered obligations and maintained a clean record during the waiting period.
Before 2015, the process typically took approximately three months from filing to resolution. After the Supreme Court's tightening of requirements, some courts began taking significantly longer to process petitions, as judges scrutinized applications more carefully.
The Legislative Response
The Legislature responded to the Supreme Court's decision with a series of reforms. Bill A206, signed in January 2016, reduced waiting periods and expanded eligibility for Drug Court graduates. Subsequent amendments in 2017 and 2019 further liberalized the expungement framework, culminating in the Clean Slate law (effective June 15, 2020), which provides for petition-based expungement of an entire eligible record after ten years and directs the development of an automated expungement system.
These legislative changes reflect a growing consensus that overly restrictive expungement policies impede rehabilitation, reduce employment opportunities, and increase recidivism — outcomes that serve no one's interests.
Key Takeaways
- The 2015 NJ Supreme Court ruling limited expungement to individuals with one conviction
- The Court overruled the prior understanding that two disorderly persons offenses were permissible
- The ruling created an immediate hardship for petitioners with multiple minor convictions
- The Legislature subsequently expanded expungement eligibility through multiple reforms
- The Clean Slate law (effective June 15, 2020) now allows petition-based expungement of an entire eligible record after ten years, with an automated system directed by the same legislation
Reviewed by Britt J. Simon, Esq., Managing Partner — Simon Law Group, LLC — May 2026
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