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Thursday, April 3, 2025

New Jersey reaches agreement to improve processing times for expungements

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Governor Phil Murphy | Official Website of Phil Murphy

Governor Phil Murphy | Official Website of Phil Murphy

Governor Phil Murphy, Attorney General Matthew J. Platkin, the New Jersey State Police (NJSP), and the Office of the Public Defender (OPD) have announced an agreement in principle aimed at improving the expungement process for certain low-level offenses. This move is expected to address ongoing class action litigation concerning delays in processing judicial orders that expunge records related to arrests and convictions.

The agreement, resulting from mediation overseen by Retired Associate Justice Jaynee LaVecchia of the New Jersey Supreme Court, aims to ensure timely access to benefits such as employment opportunities and housing for those granted expungements. The terms will be finalized in a consent order within 30 days.

Under this resolution, NJSP has committed to clearing its computerized criminal history system of records covered by expungement orders older than 120 days by June 1, 2025. Procedures will be established with OPD to prevent future backlogs.

From June 1, 2025, NJSP agrees to process most incoming judicial expungement orders within 120 days of receipt and strives for a quicker turnaround of 90 days. Orders requiring additional information will be processed within 15 days upon receiving necessary amendments or information.

Justice LaVecchia and OPD will monitor NJSP's compliance through regular reports over an 18-month period. Following this period, assuming compliance is met, the case will be dismissed with prejudice.

To enhance public transparency regarding their expungement status, NJSP has launched an online portal where individuals can track their orders' progress and receive updates via email.

Governor Phil Murphy emphasized the importance of a swift and efficient expungement process as part of advancing their Second Chances agenda: “In the coming months, we intend to take further action on our clemency and expungement initiatives."

Attorney General Platkin expressed gratitude towards those who worked on resolving these issues: "Everyone deserves a second chance...I want to thank the Office of the Public Defender and the New Jersey State Police for their contributions."

Colonel Patrick J. Callahan highlighted NJSP's commitment: "The technology we have instituted...reflects [our] strong commitment...This settlement further reinforces our dedication."

The agreement builds on previous improvements facilitated by new technological tools like automated bulk expungement processes developed in collaboration with OPD under interim consent orders.

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