The New Jersey State Police (NJSP) have reached a settlement in a class-action lawsuit that alleged the NJSP’s systemic failure to update criminal background checks after court-ordered expungements.
The backlog has had long-term consequences for people trying to move forward with their lives. Expungement delays often impact jobs, housing, and reputations.
Background of the Expungement Delay Lawsuit
The lawsuit, filed in October 2023 by the New Jersey Office of the Public Defender (OPD), claimed the NJ State Police Expungement Unit failed to process tens of thousands of expungement orders.
Even after people obtained valid court orders to seal or erase their criminal records, their information continued to appear in background checks years later. The OPD alleged that these delays violated due process and the statutory rights of expungement recipients. Despite the state allocating $15 million to improve the process, the backlog swelled to more than 50,000 cases by late 2023. That led to widespread harm and the eventual class-action lawsuit.
In April 2024, the court ordered the NJSP to address the backlog immediately. NJSP was required to prioritize Clean Slate expungements for municipal convictions, Recovery Court expungements, and any cases delayed due to minor clerical issues.
In March 2025, the NJSP reached a full settlement. Under the agreement, the Expungement Unit must process all expungement orders within 120 days (with a preferred target of 90 days). Furthermore, any orders requiring additional information or amendments must be flagged within 120 days. Once corrections are received, processing must be completed within 15 days.
The deadline to begin full compliance is June 1, 2025.
Why This Matters: The Impact of Expungement Delays
Expungement delays have far-reaching consequences. People with court-ordered expungements have lost job offers, been denied housing, and missed job opportunities simply because outdated convictions stayed on their criminal records.
Expungement gives people a chance at a fresh start. The NJSP’s delays directly impacted people who were legally entitled to a clean record. The recent settlement recognizes that harm. It also puts standards in place to protect New Jersey residents from expungement delays in the future.
Checking Your NJ Expungement Status and Next Steps
If you’ve already received a court order for expungement, you can check your expungement status through the NJSP Expungement Portal. If your order hasn’t been processed yet, or your record still appears on background checks, you may already be part of the lawsuit’s class. If this is the case, you don’t need to take any legal action.
After June 1, 2025, the average processing time should range from 6 to 12 months. However, if you continue to experience delays, it may be time to speak with an attorney. Our skilled expungement attorneys can help ensure that your record is cleared so you can move forward with your life.
Get Help from Our NJ Expungement Attorneys
If you’re dealing with an expungement delay or are unsure how the recent settlement affects your situation, our law firm is ready to help. William Proetta Criminal Law assists clients through New Jersey’s expungement process. We know how to navigate any challenges or delays and can help you demand appropriate action from the NJSP.
Take the next step toward clearing your record. Contact us today for a free consultation.
