The court may grant an expungement of an indictable offense even if less than six years have passed from date of the conviction, payment of fine, completion of probation or parole, or release from prison—whichever is later—if:
Less than six years have passed since the payment of a fine (but the waiting requirement has otherwise been met), and the court finds that you substantially complied with a court-ordered payment plan, or could not do so because of compelling circumstances (this can include the amount of the fine or fines imposed, your age at the time of the offense, your financial condition, and other circumstances affecting your ability to pay); or
At least five but less than six years have passed since the date of conviction, payment of fine, completion of probation or parole, or release from incarceration—whichever is later; you have had no further convictions for an indictable offense, disorderly persons or petty disorderly persons offense since the time of the most recent conviction, and the court finds that expungement is in the “public interest” giving due consideration to the nature of the offense and your character and conduct since the conviction.
Early Pathway Expungement of Disorderly Persons Convictions
The court may grant an expungement of a disorderly persons offense even if less than five years have passed per the above section where:
Less than five years have passed since the payment of a fine (but the waiting requirement has otherwise been met), and the court finds that you substantially complied with a court-ordered payment plan, or could not do so because of compelling circumstances (this can include the amount of the fine imposed, your age at the time of the offense, your financial condition, and other circumstances affecting your ability to pay); or
At least three years but less than five years have passed since the date of the most recent conviction, payment of fine, completion of probation or parole, or release from incarceration—whichever is later; you have had no convictions for an indictable offense, disorderly persons, or petty disorderly persons offense since the time of the most recent conviction, and the court finds that expungement is in the public interest giving due consideration to the nature of the offense and your character and conduct since the conviction.
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