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A5095
ASSEMBLY, No. 5095
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 14, 2026
Sponsored by:
Assemblywoman� ANNETTE QUIJANO
District 20 (Union)
Assemblywoman� SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
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.