A petition for expungement under 2C:52-3 can be filed after five (5) years from the date of the most recent conviction, payment of fine, satisfactory completion of probation, or release from incarceration, whichever is later. The term “fine” is defined as including all court imposed financial penalties including fines, costs, assessments, and restitution.
There are exceptions to the five (5) year time requirement:
(1) The fine is satisfied but less than five years have expired from the date of satisfaction, and the five year time requirement is otherwise satisfied, and the court finds the person compliant with their payment plan or that they could not due so due to compelling circumstances. Compelling circumstances are determined by looking at the amount of the fine or fines imposed, the person’s age at the time of conviction, the person’s financial condition, and other relevant information regarding the person’s ability to pay.
(2) At least three (3) but less than five (5) years have expired from the date of the most recent conviction, payment of fine, completion of probation or parole and the person has not been convicted of any disorderly persons or petty disorderly persons offenses since the time of the most recent conviction. The court may in its discretion grant the expungement if it finds that the expungement is in the “public interest” giving due consideration to the nature of the offense or offenses, and the applicant’s character and conduct since the conviction(s). Expungement applications under the Public Interest standard require supplying documentary evidence to the court of your character and what you have accomplished in terms of education, employment, family responsibilities, and community involvement, since the date of your conviction. We always have to file a written Legal Brief with the Court explaining how the law applies to your particular circumstances and telling the Court why it should grant the expungement. The court may in rare cases require you to appear for a hearing if it feels it necessary.