R. 3:30-1 New Jersey Rules of Court, R. 3:30-1: Expungement of Records, rendered as code with every cross-reference linked

rule 3:30-1 "Expungement of Records" {
(a) Expungement.
(1) Defined. An expungement is the extraction, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system.
(2) Ineligible. A conviction for a crime that is not subject to expungement pursuant to subsection b or c of N.J.S.A. 2C:52-2 cannot be expunged.
(b) Applying for an Expungement. Persons shall apply electronically for an expungement of a crime, disorderly persons offense, petty disorderly persons offense, municipal ordinance violation, juvenile delinquency matter, contempt of a domestic violence restraining order, or violation of probation in the Judiciary’s computerized system for expungements, except for the expungements that do not require a petition pursuant to R. 3:30-2(b)(1) and (c)(1).
(c) Notice of Petition. Notice and a copy of the expungement petition shall be transmitted electronically by the system to the county prosecutor and other law enforcement authorities in the county where the conviction was entered, except that a petition seeking expungement of marijuana and hashish offenses pursuant to N.J.S.A. 2C:52-5.1 shall be transmitted directly to the court for a determination.
(d) Response by Prosecutor. Within 60 days of notice of the petition, the county prosecutor shall submit a response electronically in the Judiciary’s computerized system for expungements, which response shall indicate whether that office objects to the petition and shall set forth the reasons for any objection.
(e) Reply to Objection. Notice of an objection by the prosecutor shall be electronically transmitted to the petitioner or the attorney of record, and to the Office of the Public Defender if there is no private attorney. Within 30 days of notice of the objection, the petitioner or counsel on their behalf may submit a response electronically in the Judiciary’s computerized system for expungements.
(f) Judicial Determination. Copies of the court’s order on the petition shall be electronically available in the system to the person who is the subject of the expungement petition, counsel for the petitioner, and the applicable law enforcement and criminal justice agencies.
(g) Records. When an expungement is granted, the records of the applicable law enforcement and criminal justice agencies shall be handled in accordance with N.J.S.A. 2C:52-15. Expunged records may be used for the authorized purposes set forth in chapter 52 of Title 2C.
(h) Motions to Vacate Expungement Order. The prosecutor pursuant to N.J.S.A. 2C:52-26 may file a motion to vacate an expungement order in the county where the expungement was granted within 5 years of the expungement. Copies of the motion to vacate shall be provided to the petitioner or attorney of record, and the Office of the Public Defender if there is no private attorney. Within 30 days of notice of the motion to vacate, the petitioner or counsel on their behalf may file a response with the court and provide a copy to the prosecutor. The court shall schedule a hearing on the motion as soon as reasonably practicable.
(i) Withdrawal or Substitution of Counsel. Entries, withdrawals, and substitutions of appearance of counsel in expungement petitions may be filed at any time, without leave of court, using the appropriate judiciary electronic system and without payment of a fee.
Note: Adopted August 4, 2023 to be effective September 1, 2023; new paragraph (i) adopted July 31, 2025 to be effective September 1, 2025.
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referenced_by: 1:11-2, 3:30-2, 5:26, 7:9-6
source: njcourts.gov // verbatim; changed 2025-09-29; corpus harvested 2026-09-02