19/08/2020
On June 15th, the new “Clean Slate” expungement law went into effect. Here are some highlights from NJ expungement law expert Allan Marain's written analysis ..
"[This act (L. 2019, c.269)] dramatically increases the number of records of arrests and convictions that can be expunged. ...
Convictions for various drug-related crimes, for expungement purposes, are now treated as convictions for disorderly persons offenses. ... No waiting periods are now required before convictions for specified crimes involving ma*****na and hashish can be expunged. ... These changes apply even when the drug-related convictions relate to activities within a designated school zone, public park, and public housing project; ...
Disorderly persons convictions involving ma*****na or hashish are no longer to be considered in calculating whether a person has exceeded the limit of disorderly persons convictions that can be expunged. ...
The waiting period before an eligible criminal conviction can be expunged as a matter of course is lowered from six years to five years. L. 2019, c.269 clarifies, but makes no meaningful change concerning when the expungement eligibility clock starts ticking; ...
The number of disorderly persons convictions that can be expunged increased from four to five. ... When seeking expunction of disorderly persons convictions after only three years, the test that the applicant must satisfy is “compelling reasons,” and not the previous “in the public interest” test. ...
Records that previously could be expunged can still be expunged with one rare exception (for third- and fourth degree convictions of distribution of CDS, applicant most now demonstrate “compelling reasons” to obtain expungement as opposed to “in the public interest”). ...
Dismissals, acquittals, and discharges without conviction, be they in municipal court, or in the Superior Court of New Jersey, are to be automatically expunged. ...
Persons whose records cannot be expunged solely on account of having exceeded the number of criminal and disorderly persons convictions allowed, may nevertheless seek and obtain expungement of all convictions after passage of ten years from most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever comes last. This is known as the “clean slate” provision. This “clean slate” expungement is unavailable when the person's record includes a conviction for one or more crimes that, on account of their nature, can never be expunged. Additionally, if, after obtaining a “clean slate” expungement, the person is convicted of one or more of those ineligible crimes, all expungements obtained pursuant to that “clean slate” provision are nullified;
The State must develop and implement a system that automates the “clean slate” expungements just described. Thus “clean slate” expungements will happen without need for any expungement application to be filed. As with non-automated “clean slate” expungements, the relief will be nullified if the individual is subsequently convicted of an ineligible crime; ... The Administrative Office of the Courts is required to develop and maintain a system to efile expungement applications. This system for development and maintenance is to be completed no later than June 15, 2021. ...
All filing fees for expungements are eliminated!"
Full text of L. 2019, c.269 can be found here.
