Bill Text: NJ S4270 | 2026-2027 | Regular Session | Introduced
Bill Title: Implements procedures for automated "Clean Slate" expungements.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced) 2026-05-14 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4270 Detail]
Download: New_Jersey-2026-S4270-Introduced.html
Sponsored by:
Senator JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Implements procedures for automated "Clean Slate" expungements.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning expungements, amending N.J.S.2C:52-27, amending and supplementing P.L.2019, c.269, and repealing section 8 of P.L.2019, c.269 (C.2C:52-5.4).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.2019, c.269 (C.2C:52-5.3) is amended to read as follows:
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 applicable time requirements described in paragraphs (2), (3), and (4) of subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). 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] applicable 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] the applicable time requirement has expired from the date of satisfaction, [the ten-year time requirement is otherwise satisfied] all other requirements except for the time requirement have been met, 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).] Nothing in this section or section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall preclude a person from receiving an expungement or filing an application for expungement pursuant to any other method for which the person is eligible under State law.
(cf: P.L.2023, c.260, s.3)
2. (New section) "Automated Clean Slate Process."
a. As used in P.L.2019, c.269, and P.L. , c. (C. ) (pending before the Legislature as this bill):
"AOC" means the Administrative Office of the Courts.
"Automated Clean Slate Process" means the automated process described in this section by which eligible records and information pertaining thereto shall be rendered inaccessible to the public, through expungement without the filing of a petition. Expungement through the Automated Clean Slate Process shall be cumulative with any rights to expungement or sealing of criminal records contained in Title 2C of the New Jersey Statutes or other provisions of law.
"Court-ordered financial assessment" 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.
b. (1) Any person who has been arrested, held to answer for, or 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, shall be eligible to have their records relating to the arrests or convictions, as applicable, and information pertaining thereto, expunged through the Automated Clean Slate Process upon the expiration of the applicable time requirements described in paragraphs (2), (3), and (4) of this subsection.
(2) If a person was arrested or held to answer for one or more crimes, one or more disorderly persons offenses, or petty disorderly persons offenses, or a combination thereof, and proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt, all records and information relating to such arrest and proceedings shall be eligible to be expunged through the Automated Clean Slate Process after 60 days have passed since the date listed on the last eligible record. Nothing in this paragraph shall be construed to change or supersede the rights and obligations described in N.J.S.2C:52-6.
(3) A person convicted of one or more disorderly persons or petty disorderly persons offenses, or a combination thereof, shall be eligible to have such convictions and all information pertaining thereto expunged through the Automated Clean Slate Process after five years have passed since the person's most recent conviction, satisfactory completion of probation or parole, or release from incarceration, whichever is later, provided that the individual has no convictions in this State during this five-year period and against whom there is no criminal proceeding pending in any State court.
(4) A person convicted of one or more crimes, except a conviction for a crime which is not subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2, shall be eligible to have such convictions and all information pertaining thereto expunged through the Automated Clean Slate Process after seven years have passed since the person's most recent conviction, satisfactory completion of probation or parole, or release from incarceration, whichever is later, provided that the individual has no convictions in this State during this seven-year period, the individual is not currently incarcerated in this State, and against whom there is no criminal proceeding pending in any State court.
(5) For the purposes of determining if the requirements in paragraphs (3) and (4) of this subsection have been met, the AOC shall consider records in its electronic possession or records accessible through automated means and, in the absence of records indicating the completion of probation or parole or indicating release from incarceration, shall calculate the applicable time requirement based on the length of the sentence or term of probation or parole set forth in the judgment of conviction. In the absence of a known term length of incarceration, probation, or parole, the AOC shall deem the applicable time requirement completed if the maximum incarceration or probation term length for the offense has elapsed since the disposition date.
c. Commencing no later than two years after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the AOC shall, on at least a monthly basis:
(1) identify all new dispositions that have become eligible for expungement through the Automated Clean Slate Process since any prior record identification under this section;
(2) re‑evaluate records that were previously ineligible but have become eligible due to the passage of time or other changes in status; and
(3) transmit a list of all records determined to be eligible under this paragraph, organized by Superior Court vicinage or municipal court jurisdiction and by case number, together with any supporting data necessary to identify the cases and counts, to the Superior Court Clerk's Office and the presiding judge of the Criminal Division of the Superior Court of each vicinage.
d. (1) No later than 30 days following the transmission of records pursuant to subsection c. of this section, and notwithstanding the provisions of N.J.S.2C:52-24, the presiding judge of the Criminal Division of the Superior Court of each vicinage shall, pursuant to N.J.S.2C:52-11, create and enter an expungement order for all such records and shall transmit such orders to all parties required to be served pursuant to N.J.S.2C:52-10 as well as to the Office of the Public Defender.
(2) Upon being served with an order of expungement granted through the Automated Clean Slate Process, the Division of State Police shall update as necessary the online expungement order status portal created pursuant to section 1 of P.L.2025, c.38 (C.2C:52-15.1).
(3) Except as provided in subsection e. of this section, every party served pursuant to N.J.S.2C:52-10 with an order of expungement granted through the Automated Clean Slate Process shall, within one month of service, comply with the requirements concerning the disposition of expunged records pursuant to N.J.S.2C:52-15.
e. If at the time a record becomes eligible for expungement through the Automated Clean Slate Process, 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, but the time requirement described in paragraphs (2), (3), and (4) of subsection b. of this section is otherwise satisfied, the record shall still be expunged through the Automated Clean Slate Process in accordance with this section; provided, however, that at the time of the expungement, the applicable 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 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 AOC shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Any court-ordered financial assessment related to a record expunged through the Automated Clean Slate Process shall be subject to the provisions of section 8 of P.L.2017, c.244 (C.2C:52-23.1).
f. (1) All electronic records in the statewide court case management system that become eligible for expungement through the Automated Clean Slate Process either upon the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) or between the effective date and the date that is two years from the effective date shall be identified and expunged through the Automated Clean Slate Process before January 1, 2030 in a cadence to be determined by the AOC.
(2) Any records already expunged or sealed pursuant to Title 2C of the New Jersey Statutes or any other provisions of law shall be treated as expunged for purposes of this subsection and need not be reprocessed under the Automated Clean Slate Process, except to the extent necessary to ensure consistency of electronic records in the central court database and the State Police database.
(3) Notwithstanding the provisions of N.J.S.2C:52-19, a record that is expunged through the Automated Clean Slate Process may, upon request, be released to, or viewed by, the person who is the subject of the record without requiring any fee related to such disclosure.
g. Nothing in this section shall alter or affect the permitted use or disclosure of an expunged record for the purposes set forth in N.J.S.2C:52-17; N.J.S.2C:52-18; N.J.S.2C:52-19; N.J.S.2C:52-20; N.J.S.2C:52-21; N.J.S.2C:52-22; N.J.S.2C:52-23; section 8 of P.L.2017, c.244 (C.2C:52:23.1); or N.J.S.2C:52-26.
h. The New Jersey Innovation Authority shall provide assistance to implement the provisions of this section. The Supreme Court, the Attorney General, the Superintendent of State Police, and the New Jersey Innovation Authority may adopt such rules and regulations as are necessary to implement the provisions of this section, including technical specifications for electronic data exchange, standards for matching records, and procedures to address incomplete or inconsistent data.
3. (New section) a. The AOC shall annually report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), information concerning the effectiveness of the Automated Clean Slate Process under P.L.2019, c.269 and P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The report shall include, but not limited to:
(1) The total number of records identified as eligible per month, broken down by vicinage, criminal charge, and the date that the record may have first become eligible;
(2) The total number of records, annually and cumulatively, expunged and removed from public view;
(3) Any significant implementation challenges and steps taken to resolve them;
(4) Summary demographic data on individuals who were the subject of expunged records, provided that reporting under this paragraph shall not include personally identifiable information but may include aggregate demographic information, consistent with applicable law, to evaluate the equitable impact of automated expungement; and
(5) The cumulative total number of individuals who have benefitted from the Automated Clean Slate Process, including individuals whose records have been entirely expunged and individuals whose records have been partially expunged.
c. The AOC shall maintain at least five years' worth of data concerning the Automated Clean Slate Process for the purposes of this section.
4. N.J.S.2C:52-27 is amended to read as follows:
2C:52-27. Effect of expungement.
Unless otherwise provided by law, if an order of expungement is granted by petition, through the Automated Clean Slate Process pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), or through any other method set forth in State law, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the [petitioner] individual who is the subject of the record 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:52-8b] subsection b. of N.J.S.2C:52-8.
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.
(cf: P.L.2015, c.261, s.8)
5. Section 8 of P.L.2019, c.269 (C.2C:52-5.4) is repealed.
6. This act shall take effect on the first day of the second month next following enactment, except that the Administrative Director of the Courts, the Attorney General, the Superintendent of State Police, and the Chief Innovation Officer may take such anticipatory action as may be necessary for the timely implementation of this act.
STATEMENT
This bill sets forth procedures for implementing an automated process to grant expungements of criminal records under the "Clean Slate" expungement law. The "Clean Slate" law was enacted in 2019 and called for an automated process to grant expungements without the need for a person to file a petition with the court. In 2022, the Clean Slate Task Force issued its report with recommendations for how the automated process could be implemented. However, to date, the automated process still does not yet exist, and people with criminal records that are eligible for expungement must still file a petition with the court.
Under the existing "Clean Slate" law, a person who has no pending criminal charges, but who is not otherwise eligible under other State expungement laws, becomes eligible for an expungement after 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. Certain serious crimes such as homicide, kidnapping, sexual assault, robbery, arson, child pornography, child endangerment, perjury, and terrorism remain absolutely barred from expungement. If a person has met the ten-year period, but still owes court-ordered fines, fees, or restitution, the conviction may be expunged but the remaining debt is converted into a civil money judgment.
As enacted in 2019, the "Clean Slate" law called upon various State agencies including the Judiciary, the Attorney General, and the State Police, to collaborate in developing an automated process. In the meantime, those persons who became eligible for a "Clean Slate" expungement could file petitions with the court, in accordance with the process for other types of expungements, until the automated process comes on-line.
Under the bill, the "Automated Clean Slate Process" will be implemented, with waiting periods changed, as follows:
- the waiting period for disorderly persons and petty disorderly person convictions is shortened to five years; and
- the waiting period for convictions of eligible indictable crimes is shortened to seven years.
Within two years after enactment of the bill, the Administrative Office of the Courts (AOC) will, on a monthly basis, identify all criminal case dispositions that become eligible for a "Clean Slate" expungement, and re-evaluate records that were previously ineligible but may have become eligible through the passage of time or other change in status.
Under the bill, the AOC will electronically transmit the list of eligible records to the Superior Court Clerk's Office and the presiding Superior Court criminal judges in each vicinage. The bill requires the presiding judge to enter an order of expungement within 30 days and serve the order 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 person was convicted, plus the Public Defender.
Under the bill, once an order of expungement is received, the State Police will update its online expungement status portal, and all parties holding the relevant criminal records must process the expungement within one month. An expunged record may be released, upon request and without a fee, to the person who is the subject of the record.
The bill provides that outstanding fines, fees, and restitution may still be converted into a civil money judgment. Any backlog in granting eligible "Clean Slate" expungements as of the date that the automated process begins must be cleared by January 1, 2030. Consistent with existing law, if a person is subsequently charged with another crime, the expunged record may be reinstated for consideration in conjunction with the subsequent crime.
Finally, the bill requires the AOC to report annually to the Governor and the Legislature concerning the effectiveness of the automated process.
