Settlement Aims to Resolve 2023 Litigation About Outstanding Orders

Term Sheet

TRENTON — Governor Phil Murphy, Attorney General Matthew J. Platkin, the New Jersey State Police (NJSP), and the Office of the Public Defender (OPD) announced today the terms of an agreement in principle to resolve ongoing class action litigation regarding the timely processing of judicial orders expunging records associated with arrests and convictions for certain low-level offenses. The agreement sets out a path forward to ensure that New Jerseyans who have been granted a second chance through an expungement order have timely access to the benefits of expungement, which include better access to employment opportunities and suitable housing and reduced barriers to reintegration into society.

This settlement is the result of a successful mediation supervised by the Honorable Jaynee LaVecchia, Retired Associate Justice of the New Jersey Supreme Court, and builds on two interim consent orders entered last year, on April 30 and  August 19, 2024. The new agreement will be memorialized in a final consent order that is expected to be finalized within 30 days.

As part of the resolution, by June 1, 2025, NJSP commits to clearing from its computerized criminal history system the records covered by expungement orders that are more than 120 days old by that date. Moreover, NJSP and OPD have agreed to set in place timelines and procedures for processing expungement orders as they are received and thereby avoid the accumulation of a new backlog of unprocessed orders.

Specifically, the agreement outlines two timeframes for processing incoming judicial expungement orders after June 1, 2025. For the vast majority of incoming orders, NJSP agrees to process them within 120 days of receipt, and will make best efforts to complete that processing even faster, within 90 days.

Some expungement orders require additional information or an amended order before they can be successfully processed. For those orders, NJSP will make any request for necessary information or changes within 120 days of receipt of the order. Upon receiving sufficient information or an amended order, NJSP agrees to complete its processing within 15 days of receiving actual notice to a dedicated email address.

To provide visibility into NJSP’s compliance, Justice LaVecchia and OPD will receive regular reports for 18 months, many of which will be made publicly available. After that period, the case will be dismissed with prejudice based on NJSP’s track record of compliance.

Additionally, to better keep members of the public informed of the processing status of their expungement orders, NJSP this week launched an online portal that can be accessed at expungement.njsp.gov. By registering for an account with myNewJersey and using it to access NJSP’s new portal, individuals will be able to view the status of their individual expungement orders and receive email updates alerting them to changes in status. The agreement with OPD memorializes NJSP’s commitment to maintain that portal.

“As we continue to advance our Second Chances agenda, it’s crucial that our expungement process is swift and efficient,” said Governor Phil Murphy. “In the coming months, we intend to take further action on our clemency and expungement initiatives. Today’s agreement establishes a solid system to facilitate and streamline these efforts.”

“I’m grateful to everyone who worked to resolve this issue for the sake of those whose lives have been in limbo while waiting for their expungement orders to be processed,” said Attorney General Platkin. “Everyone deserves a second chance, and I am committed to making sure that the timelines set out in this agreement are followed and that we continue to work together to make expungement processing as efficient as possible. I want to thank the Office of the Public Defender and the New Jersey State Police for their contributions to this settlement.”

“We understand the profound impact that the expungement process has on people’s lives, offering them a second chance and the opportunity to move forward without past mistakes defining their future,” said Colonel Patrick J. Callahan, Superintendent of the New Jersey State Police. “The technology we have instituted to assist in this process reflects the New Jersey State Police’s strong commitment to ensuring these records are cleared as efficiently as possible. This settlement further reinforces our dedication to expediting expungements and upholding the integrity of this critical process.”

The new agreement builds on significant improvements over the last year. This progress was possible thanks to NJSP’s use of new technological tools that improved its processing efficiency, such as automated bulk expungement, and to streamlined processing protocols developed through negotiations with OPD as described in the interim consent orders.

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