PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD

(New Jersey – Superior Court, Law Division, Criminal Part)

[// GUIDANCE: This template is drafted to comply with N.J. Stat. Ann. §§ 2C:52-1 et seq. (“New Jersey Expungement Statute”). Customize bracketed fields, attach required exhibits, and review local court rules for additional formatting or filing requirements (e.g., electronic filing mandates, cover sheets).]

TABLE OF CONTENTS

1. Caption & Document Header
2. Preliminary Statement
3. Jurisdiction & Venue
4. Definitions (Optional)
5. Allegations Supporting Eligibility
   5.1 Personal Identifying Information
   5.2 Conviction/Disposition Details
   5.3 Statutory Waiting Period Compliance
   5.4 Prior or Pending Matters
   5.5 Statutory Eligibility Checklist
6. Relief Requested
7. Notice & Service
8. Verification / Certification
9. Proposed Orders (attached)
10. Signature & Notarization Block

1. CAPTION & DOCUMENT HEADER

SUPERIOR COURT OF NEW JERSEY
LAW DIVISION – CRIMINAL PART
[COUNTY] VICINAGE

IN THE MATTER OF THE EXPUNGEMENT OF THE )
CRIMINAL AND/OR JUVENILE RECORDS OF ) DOCKET NO.: [To be assigned]
)
[PETITIONER FULL LEGAL NAME], )
Petitioner. )

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS

Date: [MONTH DAY, YEAR]

2. PRELIMINARY STATEMENT

1. Petitioner, [PETITIONER NAME] (“Petitioner”), respectfully petitions this Court pursuant to N.J. Stat. Ann. §§ 2C:52-1 through –32 for an Order directing the expungement and sealing of all records, including but not limited to complaints, warrants, arrests, indices, docket entries, sentencing records, and online databases pertaining to the matters identified herein.
2. This Petition is filed to protect Petitioner’s privacy interests, facilitate employment and housing opportunities, and promote successful reintegration, consistent with the public policy of the State of New Jersey.

3. JURISDICTION & VENUE

3.1 This Court has subject-matter jurisdiction under N.J. Stat. Ann. § 2C:52-2 et seq.
3.2 Venue is proper in the [COUNTY] Vicinage because the offenses sought to be expunged were [adjudicated / disposed] in the Superior Court, Law Division, Criminal Part, [COUNTY].

4. DEFINITIONS (Optional – Use if referring to defined terms repeatedly)

“Eligible Offense(s)” – those criminal or disorderly persons offenses identified in Section 5.2 that are not barred from expungement under N.J. Stat. Ann. § 2C:52-2(b)–(d).
“Waiting Period” – the statutory period beginning on the date of (a) conviction, (b) payment of fine, (c) completion of probation/parole, or (d) termination of incarceration, whichever is later, as defined in N.J. Stat. Ann. § 2C:52-2(a).

5. ALLEGATIONS SUPPORTING ELIGIBILITY

5.1 Personal Identifying Information

a. Full Name (at time of arrest): [PETITIONER NAME]
b. Date of Birth: [MM/DD/YYYY]
c. Social Security Number (last four digits only): [XXXX]
d. Current Address: [STREET, CITY, STATE, ZIP]
e. Driver License / SBI / SBI Number: [IF APPLICABLE]

5.2 Conviction / Disposition Details

[// GUIDANCE: Add rows for each offense sought to be expunged. Include municipal court matters where applicable.]

5.3 Statutory Waiting Period Compliance

Petitioner affirms that [X] years have elapsed since the later of (i) date of sentence completion; (ii) payment of any fine; (iii) termination of probation/parole; or (iv) release from incarceration, satisfying the Waiting Period prescribed by N.J. Stat. Ann. § 2C:52-2(a).

5.4 Prior or Pending Matters

a. Petitioner has / has not been convicted of any subsequent indictable offense, disorderly persons offense, or petty disorderly persons offense.
b. Petitioner does / does not have any pending charges or open warrants in any jurisdiction.
c. Petitioner has / has not previously obtained an expungement. If yes, details: [INSERT].

5.5 Statutory Eligibility Checklist

[// GUIDANCE: If relying on the “Early Pathway” five-year exception or Clean Slate automatic expungement, include additional averments and attach proofs (e.g., proof of compelling circumstances).]

6. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that the Court enter an Order:

1. Directing the expungement and sealing of all records relating to the Eligible Offense(s) listed in Section 5.2, including but not limited to records maintained by:
   a. The Superior Court of New Jersey;
   b. [MUNICIPAL COURT NAME] (if applicable);
   c. The Prosecutor’s Office of [COUNTY];
   d. The New Jersey State Police;
   e. The [LOCAL] Police Department;
   f. Any other law-enforcement or correctional agency identified in the attached Proposed Order;

2. Requiring said agencies to remove Petitioner’s name from any index or database and insulate the records from public access, consistent with N.J. Stat. Ann. § 2C:52-15;

3. Permitting limited access to sealed records only under the circumstances expressly authorized by N.J. Stat. Ann. § 2C:52-17 (e.g., subsequent expungement applications, sentencing for new offenses, or by court order);

4. Providing that Petitioner may lawfully respond in the negative to inquiries regarding the expunged matter, in accordance with N.J. Stat. Ann. § 2C:52-27; and

5. Granting such other relief as the Court deems just and proper.

7. NOTICE & SERVICE

7.1 Pursuant to N.J. Stat. Ann. § 2C:52-10, Petitioner will serve a copy of this Petition, with all attachments, by certified mail, return receipt requested, upon each of the following:
• County Prosecutor of [COUNTY]
• Attorney General of New Jersey
• Superintendent of the New Jersey State Police, Expungement Unit
• Chief of Police of [ARRESTING MUNICIPALITY]
• [MUNICIPAL COURT ADMINISTRATOR] (if applicable)
• Warden/Superintendent of [CORRECTIONAL FACILITY] (if incarceration occurred)

7.2 Proofs of Service will be filed with the Court prior to the scheduled hearing.

8. VERIFICATION / CERTIFICATION

I, [PETITIONER NAME], being duly sworn, upon my oath depose and state:

1. I am the Petitioner in the foregoing matter.
2. I have read the Petition and the statements contained therein are true to the best of my knowledge, information, and belief.
3. I understand that if any of the statements made by me are willfully false, I am subject to punishment.

______ ____
[PETITIONER NAME] Date
Subscribed and sworn to before me this ___ day of __, 20___.

Notary Public of New Jersey
My Commission Expires: ____

9. PROPOSED ORDERS (Attach as Separate Documents)

A. Order Fixing Date for Hearing & Directing Service
B. Final Order of Expungement / Sealing of Records

[// GUIDANCE: The “Order Fixing Date for Hearing” must list a return date (typically 35–60 days after filing) and specify agencies to be served. The “Final Order” should mirror the relief requested and include a statement regarding limited access under § 2C:52-17.]

10. SIGNATURE BLOCK

Respectfully submitted,

[ATTORNEY NAME], Esq. [if pro se, omit]
Attorney for Petitioner
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL] | NJ Attorney ID: [__]

[// GUIDANCE:
1. Filing Fees – Confirm current fee schedule; fee waivers may be available for indigent petitioners.
2. Exhibits – Attach “Certified Disposition(s)” or “Judgment(s) of Conviction,” proof of fine payment, completion certificates, and any diversion-program documentation.
3. Hearing – Many vicinages grant expungements on the papers if unopposed; nevertheless, prepare to address any prosecutorial objections regarding statutory bars or public interest.
4. Sealed Record Access – Advise client that certain law-enforcement entities may still access sealed records for limited purposes (e.g., subsequent sentencing, background checks for law enforcement employment).
]

End of Document