Kit Revised: 04/2009, CN 10557-English (How to Expunge Your Criminal and/or Juvenile Record) page 1 of 34
How to Expunge Your Criminal and/or Juvenile
Record
What is an Expungement?
An expungement is the removal and isolation of all records on file within any court,
detention or correctional facility, law enforcement, criminal justice agency or juvenile justice
agency concerning a person's apprehension, arrest, detention, trial or disposition of an
offense within the criminal or juvenile justice system. Unless otherwise provided by law, if
an order for expungement is granted, the adult arrest, the record of law enforcement taking
you into custody as a juvenile, conviction, adjudication of delinquency, disposition and any
related proceedings are considered not to have occurred. See the section on Comparison of
Adult and Juvenile Terms for a glossary of terms that are specific to juvenile court.
The New Jersey expungement law states in detail who is eligible for an expungement. You
should review the current applicable provisions of N.J.S.A. 2C:52-1 through
N.J.S.A. 2C:52-32 to determine if you are eligible. An eligible person must prepare and file a
Petition for Expungement. The Petition for Expungement must be filed in the Superior Court
in the county where the arrest or prosecution took place. A judge then decides whether the
person should be granted an Expungement Order.
In general, these materials provide basic information about how to file a Petition for
Expungement. These materials do not provide specific advice about a particular legal
problem that you may have, and they are not a substitute for seeing a lawyer. If you
encounter a problem, or are in doubt as to whether you need a lawyer, talk to one.
NOTE: These materials have been prepared by the New Jersey Administrative Office of the
Courts for use by self-represented litigants. The guide, instructions, and forms will be
periodically updated as necessary to reflect current New Jersey statutes and court rules. The
most recent version of the forms will be available at the county courthouse or on the
Judiciary's Internet site (njcourts.com/prose/index.htm). However, you are ultimately
responsible for the content of your court papers.
Acknowledgment: The New Jersey Judiciary would like to acknowledge Legal Services of New Jersey for
allowing us to modify their expungement guide. The work that you see in this Pro Se Expungement Package is
largely a product of their efforts.
Kit Revised: 04/2009, CN 10557-English (How to Expunge Your Criminal and/or Juvenile Record) page 2 of 34
Things to Think About Before You Represent Yourself in Court
Try to Get a Lawyer
The court system can be confusing, and it is
a good idea to get a lawyer if you can. If
you cannot afford a lawyer, you may wish to
contact the legal services program in your
county to see if you qualify for free legal
services. Their telephone number can be
found in your local yellow pages under
Legal Aid or Legal Services.
If you do not qualify for free legal services
and need help in locating an attorney, you
can contact the bar association in your
county. Their telephone number can also be
found in your local yellow pages. Most
county bar associations have a lawyer
referral service. The county bar lawyer
referral service can supply you with the
names of attorneys in your area who usually
are willing to handle your particular type of
case. Such attorneys are sometimes willing
to consult with people in your situation at a
reduced fee.
There are also a variety of organizations of
minority lawyers throughout New Jersey, as
well as organizations of lawyers who handle
specialized types of cases. Ask your county
court staff for a list of lawyer referral
services that include these organizations.
Keep Copies of All Papers
Make and keep for yourself copies of all
completed forms and any canceled checks,
money orders, sales receipts, bills, contract
estimates, letters, leases, photographs and
other important documents that relate to your
case.
What You Should Expect If You
Represent Yourself
While you have the right to represent
yourself in court, you should not expect any
special treatment, help, or attention from the
court. You must still comply with the rules
of the court, even if you are not familiar with
them. The following is a list of some things
the court staff can and cannot do for you.
Please read it carefully before asking the
court staff for help.
We can explain and answer questions
about how the court works.
We can tell you what the requirements
are to have your case considered by the
court.
We can give you some information from
your case file.
We can provide you with samples of
court forms that are available.
We can provide you with guidance on
how to fill out forms.
We can usually answer questions about
court deadlines.
We cannot give you legal advice. Only
your lawyer can give you legal advice.
We cannot tell you whether or not you
should bring your case to court.
We cannot give you an opinion about
what will happen if you bring your case
to court.
We cannot recommend a lawyer, but we
can provide you with the telephone
number of a local lawyer referral
service.
We cannot talk to the judge for you
about what will happen in your case.
We cannot let you talk to the judge
outside of court.
We cannot change an order issued by a
judge.
Kit Revised: 04/2009, CN 10557-English (How to Expunge Your Criminal and/or Juvenile Record) page 3 of 34
Comparison of Adult and Juvenile Terms
The table below compares commonly understood criminal terms to terms specific to juvenile
delinquency matters. Juvenile delinquency matters should not be considered the same as adult
criminal actions. The process for expunging juvenile records, however, is the same as that for
expunging adult criminal matters. In fact, if you have both adult and juvenile records that you
wish to expunge, you should include all matters in your expungement petition.
Criminal Term Juvenile Term
Arrest Taking juvenile into custody
Conviction Adjudication of delinquency
Sentence Disposition
Indictment No equivalent - A juvenile is charged with an offense
without an indictment process
Jail, prison or incarceration Secure facility, youth house or detention center or juvenile
justice institution (specific names may vary)
Pretrial intervention program Diversion - Juvenile Conference Committee or Intake
Services Conference
Glossary of Terms
Deferred Disposition: In a deferred disposition, the court adjudicates the juvenile delinquent
and sets forth conditions for the juvenile to meet. If the juvenile
meets the terms of those conditions, then the disposition will be
dismissed pursuant to the court's order.
Diversion: A diversion is the process of removing minor juvenile cases from the
full judicial process on the condition that the accused participates
successfully in a rehabilitative process, such as a juvenile conference
committee or a juvenile intake conference. If conditions entered into
by these diversions are met, then it results in a dismissal of the case,
and no appearance before a judge is required.
Indictable Offense: A criminal offense that includes first, second, third and fourth degree
crimes. An indictable offense does not include disorderly persons,
petty disorderly persons or municipal ordinance violations.
Kit Revised: 04/2009, CN 10557-English (How to Expunge Your Criminal and/or Juvenile Record) page 4 of 34
How to File for an Order to Expunge Your Criminal and/or Juvenile
Record
Locate Your Records
In order to prepare your expungement
petition and prove your eligibility, you will
need to get the following information:
The date of your arrest as an adult or
when you were taken into custody as
a juvenile.
The statute(s) and the offense(s) for
which you were arrested, taken into
custody as a juvenile, convicted or
adjudicated delinquent.
The original indictment, accusation,
summons, docket number, warrant
number or complaint number.
Include all, if more than one.
The date of the disposition, which
could be the date of the conviction or
adjudication of delinquency, date of
not guilty verdict or date of
dismissal.
The specific punishment or other
disposition.
If you had an attorney when you were
arrested as an adult and/or taken into
custody as a juvenile and charged, check
first to see if he or she has this information
in your case file; if so, this can save you
quite a bit of time.
If you must locate your records on your own
for an indictable/criminal conviction or
arrest, contact the Superior Court Criminal
Case Management Office in the county
where the arrest or conviction occurred and
they will advise you how copies of those
records can be obtained. A list of county
Criminal Case Management Offices appears
at the end of this guide.
If you must locate your records on your own
for a juvenile delinquency matter, contact
the Superior Court Family Division Office
in the county where you were taken into
custody as a juvenile, where charges were
filed, or where the adjudication occurred,
and they will advise you how copies of those
records can be obtained. A list of county
Family Division Offices appears at the end
of this guide.
If you were taken into custody as a juvenile
and no charges were filed against you, you
must contact the appropriate law
enforcement agency for information related
to that incident.
You might also contact the county
prosecutor. A list of county prosecutors'
offices with addresses and telephone
numbers appears at the end of this guide.
Explain that you are interested in expunging
your records and ask for the information
listed above, or ask to look at your file if this
is permitted. You may also be able to find
information you need on disorderly persons
offenses by contacting the clerk of the
municipal court(s) in which you were
prosecuted, or the police department
involved in your arrest(s) as an adult or that
took you into custody as a juvenile. If you
cannot get all of the information, you need
to follow Step 1 on the next page.
The numbered steps that follow explain
what forms you will need to fill out and
what to do with them. Specific directions on
filling out each form appear before each of
the attached forms. Follow these directions
carefully. Each form should be typed or
clearly printed on 8 1⁄2 " x 11" white paper
only. Forms may not be filed on a different
size or color paper.
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Step 1: Request State Police Criminal
History Record – Fingerprint Check
This step is only necessary if you do not
already have your criminal/juvenile history
information about your arrests, charges and
dispositions.
In order to obtain your criminal/juvenile
history record (also known as a rap sheet)
from the New Jersey State Police you will
need to be fingerprinted. The State Police
use the electronic fingerprint scanning
services of a private company, Sagem
Morpho, Inc. You will need to contact
Sagem Morpho, Inc. to schedule an
appointment for fingerprinting. You can
obtain additional information and schedule
an appointment via the internet at
bioapplicant.com/nj, or by calling their toll
free telephone: 1-877-503-5981.
Additional information about obtaining
criminal/ juvenile history record checks can
also be obtained from the New Jersey State
Police website
njsp.org/about/serv_chrc.html, or by calling
their Criminal Information Unit at
609-882-2000 ext. 2918.
Note: The State Police will have a
criminal/juvenile history only if you were
fingerprinted when you were arrested. If
you were not fingerprinted, and only a
complaint was signed against you when you
were arrested, you will still have a record
with the police department and the court, but
you will not have a record sheet within the
Division of State Police, State Bureau of
Investigation.
Step 2: Complete These Forms
Form A - Petition For Expungement
The Petition for Expungement states that
you are requesting an Expungement Order
and states why you qualify. Complete the
Petition for Expungement Order by
following the instructions for Form A.
You must then file the petition in the county
where you were arrested as an adult or taken
into custody as a juvenile. If you were
arrested as an adult or taken into custody as
a juvenile in more than one county, contact
the Criminal Case Management Office in
either county and ask whether they will
allow you to file for expungement of your
entire record in that county.
Next, you must complete the Verification
page and sign it in the presence of a Notary
Public because this page must bear a notary
seal.
Form B - Order For Hearing
The Order for Hearing is used by the judge
to schedule a hearing. The Superior Court
judge assigned to your case will usually
schedule a hearing between 35 and 60 days
after he or she gets your petition. Fill out
the Order for Hearing by following the
instructions for Form B.
Form C - Expungement Order
The Expungement Order is the official
document that will be signed by the judge if
your Petition for Expungement is granted.
Complete the Expungement Order by
following the instructions for Form C.
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Step 3: File and Serve the Forms
Make three (3) copies of your notarized
Petition for Expungement (Form A), Order
for Hearing (Form B), and proposed
Expungement Order (Form C). The original
and two (2) copies should be filed with the
court. Keep one copy of each for your
records.
Form D - Cover Letter
The Cover Letter is a form letter that
describes to the Superior Court Criminal
Case Management Office the contents of
your package and the purpose of the
enclosed forms. Fill in the blanks on the
Cover Letter (Form D) and attach the Cover
Letter to the originals and the two
photocopies that you are filing (keep one
copy of each for your records). Include two
large self-addressed envelopes with the
appropriate postage stamped on each
envelope. These envelopes will be used to
send filed copies of your package back to
you. Mail this package to the Criminal Case
Management Office in the county where the
arrest and/or prosecution occurred. If you
prefer, you may file this package in person.
A list of the Criminal Case Management
Offices where these forms should be mailed,
along with telephone numbers, appears at
the end of this guide.
There is a filing fee of $52.50. Most offices
do not accept personal checks, so you should
include a money order or certified check
made out to the Treasurer, State of N.J.
Step 4: Distributing the Filed Copies
One copy of the Petition for Expungement,
Order for Hearing, and the proposed
Expungement Order will be mailed back to
you marked “Filed” and assigned a “Docket
Number.” The Order for Hearing will also
state the time and the date for your hearing.
Immediately after receiving the filed copies
from the court, make at least seven (7)
copies of the Petition for Expungement,
Order for Hearing, and the proposed
Expungement Order.
Mail one copy of each, immediately, by
certified mail, return receipt requested, to
each of the following government agencies
that were involved with your case(s):
The Attorney General of New Jersey.
The Superintendent of State Police,
Expungement Unit.
The County Prosecutor.
The Clerk of the municipal court if a
municipal court heard the matter.
The Chief of Police or other head of
the police department where the
offense was committed or the arrest
was made.
The chief law enforcement officer of
any other law enforcement agency of
the state that participated in the
arrest.
The Warden or superintendent of any
institution in which you were
incarcerated.
The County Probation Division
should be provided a copy if you
were granted a conditional discharge,
enrolled into the Pretrial Intervention
Program, enrolled in a juvenile
diversion program (juvenile
conference committee or intake
service conference), granted a
deferred disposition, performed
community service, owed fines or
restitution or you served a term of
probation.
The Division of Criminal Justice,
Records and Identification Unit
should be provided a copy if your
case was processed through the State
Grand Jury.
The County Family Division should
be provided a copy if you are
requesting the expungement of any
juvenile delinquency matters.
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Step 4: Continued
Form E - Cover Letter
You may use the Cover Letter (Form E)
when mailing the copies to these agencies.
Fill in the blanks on the Cover Letter (Form
E) and attach the Cover Letter to each set of
copies.
You should mail the copies of these forms
right away, because the law requires
service or mailing within five (5) days
from the date that the Order for Hearing
was signed. Mail them at the post office,
by certified mail, return receipt
requested.
Form F - Proof of Notice
After you have received the certified mail
return receipt cards back from the post
office, contact the Criminal Case
Management Office, and ask the clerk
whether the court requires that the proof of
mailing be submitted at or prior to the
hearing. If proof is required to be produced
at the hearing, make sure that you bring the
green certified mail return receipt cards and
the Proof of Notice (Form F) to court with
you on the day of the hearing. Complete the
Proof of Notice form by following the
instructions for Form F. If proof is required
to be submitted prior to the hearing make
sure that you bring or mail the green
certified mail return receipt cards and the
Proof of Notice (Form F) to the Criminal
Case Management Office immediately. If
you choose to mail this information to the
court, you should send it by certified mail,
return receipt requested.
Step 5: Go to the Hearing
Arrive at the court on your assigned hearing
date about 15 minutes early. (Not all
counties require you to appear for the
hearing. If your appearance is not required,
you must mail the Proof of Notice and the
green return receipt cards to the Criminal
Case Management office where you filed
your petition, at least one week before the
scheduled hearing.)
If you are required to appear, take your
copies of the filed Petition for Expungement,
the Expungement Order, and the green
return receipt cards to the hearing (unless
you previously filed them with the court).
When you arrive at the court, tell the court
clerk that you are there.
If any law enforcement officers object to the
expungement, they will tell the judge the
reason. The judge may ask you some
questions and will decide whether to grant
or deny you an expungement. If there is no
opposition, the judge will, in most cases,
grant your expungement.
If no law enforcement officers object to the
expungement, the court may order the
expungement of your records without a
hearing. If this happens, you will receive a
signed and filed Expungement Order in the
mail.
It is a good practice to call the court the day
before the hearing to confirm that it is still
on the court's calendar.
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Step 6: Distribute Your Finalized
Expungement Order
Immediately after you receive a copy of the
Expungement Order signed by the judge and
stamped "Filed" by the court, mail a copy of
the Expungement Order, by certified mail,
return receipt requested, to each of the
following:
The Attorney General of New Jersey.
The Superintendent of State Police,
Expungement Unit.
The County Prosecutor.
The Clerk of the municipal court if a
municipal court heard the matter.
The Chief of Police or other head of
the police department where the
offense was committed or the arrest
was made.
The chief law enforcement officer of
any other law enforcement agency of
the state that participated in the
arrest.
The Warden or superintendent of any
institution in which you were
incarcerated.
The Records Division of any
institution in which you were
incarcerated.
The Identification Bureau in the
county where the arrest was made or
where you were incarcerated (a list
of County Identification Bureaus
appears at the end of this guide).
The County Probation Division
should be provided a copy if you
were granted a conditional discharge,
enrolled into the Pretrial Intervention
Program, enrolled in a juvenile
diversion program (juvenile
conference committee or intake
service conference), granted a
deferred disposition, performed
community service, owed fines or
restitution or you served a term of
probation.
Step 6: Continued
The Division of Criminal Justice,
Records and Identification Unit
should be provided a copy if your
case was processed through the State
Grand Jury
The County Family Division should
be provided a copy if you are
requesting the expungement of any
juvenile delinquency matters.
Form G - Cover Letter
You may use this Cover Letter (Form G)
when mailing the Expungement Order to
these agencies. Fill in the blanks on the
Cover Letter (Form G) and attach the Cover
Letter to each set of copies.
Keep the mailing receipts and the green
cards that are returned to you as proof that
the documents were received.
In Conclusion
As a final reminder, make sure that you have
completely followed all of the steps required
in this guide. This is very important because
even though your records may be eligible
for expungement, if you miss any of the
required steps, your Petition for
Expungement may be denied. In that case,
you will have to start over.
We have tried to explain as simply as
possible the steps to get your records
expunged. The forms that you can use are in
the following section.
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Expungement Forms
This section contains blank expungement forms and instructions. Follow the instructions in
this guide and complete these forms with information about your case(s).
The following forms and instructions are included in this guide:
Form A - Petition for Expungement
The application to the court requesting that the court expunge your record.
Form B - Order for Hearing
The document on which the court will schedule a hearing of your case.
Form C - Expungement Order
The document to be signed by the judge if your Petition for Expungement is
granted.
Form D - Cover Letter
The form letter to be sent to the court when filing your Petition for Expungement,
Order for Hearing and proposed Expungement Order.
Form E - Cover Letter
The form letter to be sent when giving notice of the hearing.
Form F - Proof of Notice
The document to be filed with the court after notice is given.
Form G - Cover Letter
The form letter to be sent when giving notice that the expungement was granted.
Kit Revised: 04/2009, CN 10557-English (How to Expunge Your Criminal and/or Juvenile Record) page 10 of 34
Form Revised: 04/2009, CN 10171-English (Petition for Expungement)
Instructions for Petition for Expungement (Form A)
1. Fill in your name, address, telephone number, and Social Security number at the top
left-hand corner of the form.
2. At the top right-hand corner, fill in the name of the county in which you will be filing
the Petition for Expungement.
3. Do not fill in "Docket No." Leave this space blank. The court clerk will give you a
docket number and will fill in the blank.
4. In the box where it states "In the Matter of the Expungement of the Criminal/Juvenile
Records of _______," print your full name.
5. Where it states, "I, _______," fill in your full name.
6. Where it states "residing at," fill in your current address.
7. In paragraph 1, fill in your date of birth.
8. In paragraph 2, fill in the date you were arrested and the town where you were
arrested. Include any arrests that may have occurred when you were a juvenile,
whether they were sealed or unsealed. Then, fill in the name of the offense you
were charged with and give the New Jersey statute under which you were arrested.
9. In paragraph 3, fill in the original indictment, accusation, summons, docket number,
warrant number, or complaint number(s).
10. In paragraph 4, fill this in ONLY if the charge against you was dismissed. If the
charge was dismissed then fill in the date on which the charge was dismissed, the
name of the charge that was dismissed, and the name of the court that dismissed the
charge. Remember, if the charge against you was not dismissed, cross out
paragraph 4 and go to paragraph 5.
11. In paragraph 5, fill this in ONLY if you were convicted, adjudicated delinquent or
pled guilty to the charges. Then, fill in the date on which you pled or were found
guilty or adjudicated delinquent, the name of the offense you pled guilty to, and the
law under which you pled guilty (example, N.J.S.A. 2C:33-4 (harassment)).
Remember, this is the law under which you pled or were found guilty, not the law
under which you were arrested. You must also include the sentence or disposition.
For example, the sentence/disposition could have been jail/prison/incarceration time,
a fine or probation, or a combination of these. You should indicate the date that you
were released from jail/prison/incarceration, the date the fine was paid, and/or the
date that probation or parole was completed in the spaces provided.
Note: All of your arrests, charges, or prosecutions, even those for which you are not seeking
an expungement, must be listed in your petition.
Instructions for Petition for Expungement (Form A) - Continued
12. Fill in paragraphs 6-13 if you have any additional arrests, charges, or prosecutions.
Otherwise, cross out the paragraphs that you do not use.
13. Sign and print your name following paragraph 14 on the lines that state "your
signature" and "your name printed."
14. Complete the Verification page of the petition. You must sign this page in the
presence of a Notary Public because this page must have a notary seal.
15. On the first line of the Verification page, fill in your complete name.
16. In paragraph 3 of the Verification page, if you are seeking expungement of a
conviction/adjudication of an indictable offense, this sentence tells the court that you
have never been granted expungement, sealing (the prior name for expungement in
New Jersey), or other relief regarding a criminal conviction or adjudication of
delinquency. If you ARE NOT seeking expungement of an indictable offense, cross
out paragraph 3.
17. Sign and print your name on the lines that indicate "your signature before a Notary"
and "your name printed." You must sign this Verification page in the presence of a
Notary who will then affix their seal to this page.
Note: Make sure that you fill in or cross out all the blank paragraphs that do not apply to you
on Form A. The Petition must be signed at the end of paragraph 14 and at the bottom of
the Verification page.