Revises law concerning vacating court orders to expunge criminal records.

2026-2027 Regular Session

Expands grounds to reconsider expungement orders for good cause at any time, allowing petitions beyond previous time limits with clear filing and hearing timelines.

Introduced, Referred to Assembly Judiciary Committee

Purpose and intent

Bill A-4258 (Session 222, New Jersey) revises the law governing when court orders to expunge (vacate) or seal criminal records can be reconsidered and possibly vacated.

The overall aim is to provide a path for reevaluating expungement orders beyond the current time limits in certain circumstances, ensuring that newly relevant information or changes in law can be considered.

Key provisions and changes

Amends N.J.S.A. 2C:52-26 to expand grounds for vacating an expungement order.

New framework:

Previously, a person could request vacatur of an expungement order only if, within five years of the order, they disclosed undisclosed charges or disqualifications at the time of the original petition, prompting the court to vacate and reconsider.
The bill allows vacatur and reconsideration “for good cause,” regardless of how much time has elapsed since the expungement order (removing the five-year time cap in many situations).

“Good cause” is defined broadly and includes, but is not limited to: 1) A change in the person’s circumstances not contemplated when the order was entered. 2) A determination that the person is ineligible for expungement. 3) The person’s marijuana/hashish conviction was expunged by operation of law under existing law. 4) The person was convicted of a crime after the expungement order. 5) The person has previously filed or currently has a pending petition for post-conviction relief. 6) Any other reason the court deems appropriate.

Procedures for petitions:

If the petitioner is the subject of the expungement order, petitions may be filed under existing procedures (section 11 of P.L.2019, c.269).
If a non-subject party files, they must serve the subject of the expungement order.
Objections must be filed within 60 days; hearings on objections must occur within 30 days.
If no objection is filed within 60 days, the petition is deemed unopposed, and the court must either schedule a hearing or rule within 120 days of filing.

Effective date: the act takes effect immediately.

Who is affected

Individuals who have had expungement orders issued in New Jersey and seek to vacate or reconsider those orders.

Parties other than the subject of the expungement order who seek to petition for vacatur, with requirements for service on the order’s subject.

Courts handling expungement petitions, as the timeline and standards for reconsideration extend beyond prior limits.

Procedural and timeline aspects

Expands “good cause” grounds for vacating expungement orders to allow reconsideration at any time (subject to court discretion).

Introduces clear timelines for petitions, objections (60 days), responses (hearing within 30 days of an objection), and a final decision or hearing within 120 days of petition filing.

Maintains existing procedures for petitions by the subject of the expungement order; adds service requirements for petitions filed by others.

Overall impact

The bill increases flexibility for correcting expungement outcomes in light of new information or changing circumstances.

Could lead to more frequent reconsiderations of expungement orders in cases involving evolving eligibility, new convictions, or related relief mechanisms.

Balances accessibility to petitioners with procedural safeguards (timelines, service, and hearing requirements).