New Jersey’s Expungement Fee Waiver Law – Section 2C:52-29

Getting a criminal record expunged in New Jersey can be a complicated and expensive process. Legal fees, filing fees, fingerprinting fees – it all adds up quickly. But in 2018, New Jersey passed a law to make expungements more accessible by waiving the filing fees for certain applicants. Here’s an overview of New Jersey’s expungement fee waiver law under Section 2C:52-29 and what it means for people looking to clear their record.

What is Expungement?

First, let’s quickly review what expungement is. Expungement is the process of having your criminal record sealed from public view[1]. It’s an opportunity to clear your record of past mistakes so you can move forward with your life.

In New Jersey, you can petition the court to expunge records of arrests, convictions, and adjudications of juvenile delinquency. If granted, your criminal records are essentially erased and access is restricted. Employers and landlords won’t see them on background checks. It’s a chance at a fresh start.

The Cost Barrier of Expungement

While expungement can open doors, the process comes with considerable costs. Attorney fees average $1000-$3000 for expungement cases[2]. On top of that, there are filing fees, which can exceed $300 in total[3]. And that’s not even including fingerprinting fees.

For many people, these costs make expungement seem out of reach. But New Jersey saw this financial barrier keeping people from better opportunities. So legislators took action to reduce the burden.

New Jersey’s Fee Waiver Law – Section 2C:52-29

In 2018, New Jersey passed a bill that waives filing fees for expungement applications meeting certain requirements[4]. This law, Section 2C:52-29, went into effect in 2019. It allows more people to pursue expungement by eliminating some upfront costs.

Section 2C:52-29 states that filing fees shall be waived for expungement applications filed by:

• Persons with an annual income of less than 250% of the federal poverty level
• Persons who, at the time of application, are dependent on certain public assistance programs

So if your income falls below the designated threshold, or you receive benefits through programs like Temporary Assistance for Needy Families (TANF), you can request a fee waiver when applying for expungement[5]. This removes a key financial obstacle.

Applying for a Fee Waiver

To take advantage of the fee waiver, you must submit an application and verified petition for expungement per the normal process outlined in Section 2C:52-7. This petition must establish your eligibility for the waiver by providing details on income, dependents, and participation in public assistance programs as applicable. Supporting documents should be attached as evidence.

The fee waiver application must be filed in the county where your most recent conviction was adjudged. If approved by the court, you’ll receive official documentation waiving your filing fees. From there, the expungement process proceeds as normal.

Impact on Access to Expungement

While the full impact is still unfolding, Section 2C:52-29 removes a significant barrier for low-income applicants. Filing fees no longer prohibit them from pursuing expungement and reaping the benefits.

In 2019, the first year after the law took effect, New Jersey courts granted over 15,000 fee waiver petitions. And the number of overall expungement petitions rose sharply as well. This suggests the fee waiver is allowing more people to navigate the expungement process successfully.

Reducing financial barriers helps make expungement, and its many benefits, more equitably accessible. This aligns with New Jersey’s ongoing efforts to reform expungement laws and open opportunities to residents. While more work remains, Section 2C:52-29 is one step toward a fairer system.

When the Fee Waiver Applies

Remember, the fee waiver law does not automatically apply to all expungement petitions. You must demonstrate eligibility through income threshold or public assistance status.

Here are some key things to know about when the fee waiver applies:

• For criminal convictions, it applies to indictable offenses, disorderly persons offenses, and petty disorderly persons offenses.
• For juvenile delinquency matters, it applies to all expungement applications filed under Section 2C:52-4.1.
• There are certain disqualifying convictions, including murder, that are not eligible for fee waivers. See the statute for details.
• You must establish that your income falls below 250% of the federal poverty level based on household size. The court provides charts with the current income limits.
• If you receive food stamps, WorkFirst NJ, SSI, Medicaid, or other public assistance, you automatically meet the requirements.

Consult an attorney to determine if your specific situation qualifies for a fee waiver under Section 2C:52-29. But for many, this law now opens the door to clearing their record.

Streamlining the Expungement Process

While Section 2C:52-29 removes the filing fee hurdle, the expungement process still requires patience and perseverance. Here are some tips to streamline your fee waiver application:

• Obtain your criminal records, including Presentence Investigation reports, beforehand. This provides needed details on charges and convictions.
• Consult an attorney, at least for an initial consultation. Their expertise can prove invaluable for navigating the process.
• Compile financial documents, public assistance letters, and other evidence to back up your fee waiver eligibility.
• Complete all required expungement forms thoroughly and accurately. Careless mistakes can derail your petition.
• Stick to all required deadlines for submission. The court does not easily grant extensions.
• Be prepared to attend your expungement hearing. This is your chance to present your case to the judge.

While expungement takes effort, the benefits for your career and life make it worthwhile. And thanks to Section 2C:52-29, the process is now a little easier for New Jersey residents of limited means. Removing fees helps provide access to expungement for all.