Official Site of The State of New Jersey
NJ Office of the Public Defender Announces Supreme Court Consent Order to Reduce Essex County Expungement Backlog
TRENTON -
The New Jersey Office of the Public Defender (NJOPD) announced today that the Supreme Court of New Jersey has entered a consent order resolving litigation concerning delays in processing expungement petitions in Essex County. The agreement establishes firm benchmarks to reduce the county’s backlog and remove unnecessary barriers to clearing eligible criminal records.
The case, In re Expungement Petition of W.C.,et al., was filed by NJOPD after hundreds of Essex County residents waited more than 60 days, some waiting months and up to a year, exceeding the timelines required by state law. “This agreement ensures that Essex County residents who have earned a second chance will no longer face indefinite delays,” said Public Defender Jennifer Sellitti. “It is a significant step toward making the promise of New Jersey’s expungement laws a reality.”
Under current law, expungement applications should be processed within 60 days. Under the consent order, the Essex County Prosecutor’s Office (ECPO) must steadily reduce its expungement backlog from September 2025 through February 2026 until no more than 20 percent of petitions remain pending more than 60 days after filing. Beginning in March 2026, the ECPO must maintain its backlog below 20 percent of new petitions filed in each preceding three-month period through at least March 2027.
The ECPO has also agreed to stop objecting to expungement petitions based on missing probation completion letters or other redundant probation-related documentation when court records already confirm eligibility. “By establishing clear benchmarks and removing unnecessary barriers, this consent order ensures that the process is fair, timely, and accessible for everyone," Assistant Public Defender Fletcher Duddy added. "It’s about giving people the ability to move forward with their lives without being held back by outdated administrative hurdles.”
If the agreed-upon benchmarks are not met, the consent order provides for immediate mediation and, if necessary, reinstatement of the NJOPD’s pending appeal to the Supreme Court. The order follows months of mediation overseen by the Hon. Ernest M. Caposela, A.J.S.C. (ret.)