The New Jersey Office of the Public Defender (NJOPD) has announced that the Supreme Court of New Jersey entered a consent order aimed at addressing delays in processing expungement petitions in Essex County. The legal action, known as In re Expungement Petition of W.C., et al., was initiated by NJOPD after many residents experienced waits exceeding 60 days—some for several months or up to a year—despite state law requiring faster resolution.
“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.”
According to current state law, expungement applications are expected to be processed within 60 days. Under the new consent order, the Essex County Prosecutor’s Office (ECPO) must reduce its backlog incrementally from September 2025 through February 2026, so that no more than 20 percent of petitions remain pending beyond 60 days after filing. Starting in March 2026, ECPO is required to keep its backlog below this threshold for all new petitions filed during each preceding three-month period until at least March 2027.
Additionally, ECPO has agreed to discontinue objections to expungement petitions on the grounds of missing probation completion letters or other redundant documentation when court records already confirm eligibility. Assistant Public Defender Fletcher Duddy stated, “By establishing clear benchmarks and removing unnecessary barriers, this consent order ensures that the process is fair, timely, and accessible for everyone. It’s about giving people the ability to move forward with their lives without being held back by outdated administrative hurdles.”
