Update on the Class Action Lawsuit Filed Against the New Jersey State Police for Unreasonable Expungement Delays: Interim Consent Order Approved

At National Security Law Firm, we understand that criminal record expungement isn’t just a legal issue—it’s about restoring your ability to move forward with your life. That’s why we’re committed to keeping our clients informed of any developments that may impact the speed and effectiveness of expungement processing in New Jersey.

For years, thousands of New Jerseyans have had to wait months—and sometimes years—after receiving a court order before their expunged records were actually removed by the New Jersey State Police (NJSP). Fortunately, recent legal action has pushed the NJSP to start cleaning up its backlog.

⚖️ Background: OPD Files Class Action Lawsuit Against NJSP

In October 2023, the New Jersey Office of the Public Defender (OPD) filed a class action lawsuit against the NJSP for their failure to timely process expungement orders. The complaint alleged that tens of thousands of individuals—despite receiving court-ordered expungements—were still being flagged in background checks due to NJSP delays.

The OPD argued that:

• NJSP delays violated the legal rights of expungement recipients

• People were losing jobs, housing, licenses, and other opportunities

• Over 50,000 cases were backlogged, despite $15 million in public funding having been allocated to fix the problem

📝 April 2024: Court Approves Interim Consent Order

On April 30, 2024, the Superior Court approved an Interim Consent Order—a key step in the ongoing mediation process, led by Retired Justice Jaynee LaVecchia of the New Jersey Supreme Court.

Under this order, the NJSP was required to begin immediate processing of the following categories of expungement orders:

• Clean Slate and Recovery Court expungements involving municipal ordinance violations

• Clean Slate petitions that could have been filed as traditional expungements

• Expungement orders that contain most—but not all—expungable data tied to the petitioner

This order forced the NJSP to take initial action while broader settlement negotiations continued.

📢 March 2025: Full Settlement Reached – 120-Day Expungement Deadline

In March 2025, the parties reached a final agreement. Under this historic settlement, the NJSP must:

• Fully process all expungement orders within 120 days of receipt

• Use best efforts to process them within 90 days

• Be in full compliance with these requirements by June 1, 2025

This marks a major win for expungement petitioners across New Jersey and is expected to drastically reduce delays moving forward.

🧾 What This Means for You

If you currently have a pending expungement—or are planning to file soon—you stand to benefit from this legal breakthrough.

• You are automatically included in the class—you do not need to join or file separately

• Expungements filed today are expected to be fully processed within 6 to 12 months total

• NJSP must now comply with court orders and update background checks within a reasonable and defined timeframe

Whether you filed under Clean Slate, Recovery Court, or standard expungement procedures, the settlement applies broadly to all affected individuals.

You can read a more detailed breakdown of the timeframe in our blog, How Long Does Expungment in NJ Take?