- N.J.S.2C:52-2 is amended to read as follows: 2C:52-2. Indictable Offenses.
- In all cases, except as herein provided, a person may present an expungement application to the Superior Court pursuant to this section if:
the person has been convicted of one crime under the laws of this State, and does not otherwise have any subsequent conviction for another crime, whether within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a1 prior conviction for another crime shall not bar presenting an application seeking expungement relief for the criminal conviction that is the subject of the application; or
the person has been convicted of one crime and no more than three disorderly persons or petty disorderly persons offenses under the laws of this State, and does not otherwise have any subsequent conviction for another crime, or any subsequent conviction for another disorderly persons or petty disorderly persons offense such that the total number of convictions for disorderly persons and petty disorderly persons offenses would exceed three, whether any such crime or offense conviction was within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another crime, disorderly persons offense, or petty disorderly persons offense shall not bar presenting an application seeking expungement relief for the one criminal conviction and no more than three convictions for disorderly persons or petty disorderly persons offenses that are the subject of the application;
The ”subject to” language regarding 2C:52-14 makes it clear that petitioners cannot undermine the bar against expunging more than one crime by expunging them one at a time and before the next crime occurs. The language above was also modified to make it clear that a maximum of one crime and three disorderly persons convictions can ever be expunged. The one exception to this rule concerns the expungement of an entire eligible criminal record after successful completion of a term of drug court special probation.