Expungement Process
The expungement process in New Jersey is somewhat complex. Necessary documents must be served on the Superior Court Judge, New Jersey Attorney General, Superintendent of the New Jersey State Police, County Prosecutor’s Office, Chief of Police Department, and sitting Municipal Court Judge.
All documents must be sent via Certified Mail with return receipt requested, proof of which must be included in the final application. In most cases, an expungement can be obtained without the need for the applicant to appear in Court.
The process starts by filing a Verified Petition, Verification signed by the applicant, Order Fixing Hearing Date and Order for Expungement of Records with the expungement clerk in the county in which the charge originated. Upon receipt of these documents, a New Jersey Superior Court Judge will sign the Order setting a hearing date. Once the applicant’s expungement attorney has received this Order, it must be served on all necessary law enforcement agencies. This will give the agencies an opportunity to raise objection to the application. Absent objection, a Superior Court Judge will decide the petition on or around the hearing date. In the event objection is raised, the Court will entertain oral argument on the hearing date.
If the Order for Expungement is signed, it must then be served on all of the law enforcement agencies and the underlying court.
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