Official Site of The State of New Jersey

TRENTON – March 13, 2025 – The New Jersey Office of the Public Defender (NJOPD) today announced that it has agreed to terms of a settlement that will resolve ongoing litigation against the New Jersey State Police (NJSP) regarding its alleged violations of New Jerseyans’ rights to timely processing of judicial expungement orders and clearing of expunged criminal records. The Term Sheet, signed alongside the Office of the Attorney General and the NJSP, is aimed at further streamlining and accelerating the NJSP’s processing of judicial expungement orders in New Jersey. This agreement builds upon progress made through previous consent orders from April 2024 and August 2024 to reduce the backlog of unprocessed expungement orders, ultimately allowing New Jerseyans who successfully petition a court for expungement to obtain gainful employment, secure housing, and reintegrate into society.

“This agreement marks a pivotal step forward in our continued efforts to eliminate the backlog of unprocessed expungement orders across New Jersey. We are grateful to the Office of the Attorney General and the New Jersey State Police for their collaboration, as well as to the Honorable Jaynee LaVecchia whose mediation in this case was invaluable in reaching this resolution,” said Public Defender Jennifer Sellitti. “I also want to thank NJOPD’s dedicated Special Litigation team, led by Assistant Public Defender Fletcher Duddy and Deputy Public Defender Michael Noveck, whose tireless work and unwavering advocacy have been instrumental in bringing us to this moment. This agreement reaffirms our steadfast dedication to helping individuals move past their mistakes and build brighter futures for themselves and their families, ensuring that they no longer face the obstacles of a past record that has long been expunged.”

The Term Sheet, finalized after months of mediation before the Honorable Jaynee LaVecchia, Retired Associate Justice of the New Jersey Supreme Court, includes critical measures to ensure the timely processing of judicial expungement orders, providing New Jersey residents with a clearer path to a fresh start. Under the terms of the agreement, the NJSP has committed, as of June 1, to have processed, and continue processing on a going-forward basis, all expungement orders within 120 days of receipt. In cases where possible, the goal is to complete the process within 90 days. For orders that require additional information before the NJSP can process them, the NJSP has agreed to provide notice of the additional information required to applicants and their lawyers (or the NJOPD if the applicant does not have a lawyer) and to prioritize processing of the order after the required information is provided.

Additionally, a newly launched online portal will allow petitioners to track the status of their expungement orders, offering greater transparency and ensuring that individuals can stay informed throughout the process. To further ensure accountability and compliance, the NJSP will provide monthly, detailed reports on expungement processing statistics, which will be publicly posted over an 18-month period.

The settlement agreement also includes provisions for ongoing monitoring and auditing of the NJSP’s expungement processing and a structured timeline for full resolution, with the litigation expected to be dismissed with prejudice by September 2026, contingent on continued compliance with the settlement terms.

"We are pleased to have successfully reached this agreement on behalf of the class of individuals we represent, many of whom have waited far too long to clear their records,” said Deputy Public Defender Noveck, lead attorney for the plaintiffs. “I am thankful to our named plaintiffs for sharing their stories about how the extreme delays in processing their expungement orders caused profound harms. This settlement ensures that those plaintiffs and other successful expungement petitioners now have the opportunity to fully rebuild their lives, access jobs, and move forward without the burden of a past mistake standing in their way. We remain committed to advocating for those in the communities that we represent and ensuring that the promises of justice and second chances are delivered."

This settlement follows significant criminal legal reforms in New Jersey, including a 2016 drug court (now called Recovery Court) expungement statute and the 2019 legislation enacted under Governor Phil Murphy’s Second Chance Agenda, which expanded eligibility for expungement and created new pathways for individuals to clear low-level offenses from their records.

The NJOPD team was led by Assistant Public Defender Duddy and Deputy Public Defender Noveck and included invaluable contributions from former Legal Fellow Alexander Geisel.