March 25, 2025
A lawsuit against New Jersey’s State Police Department (NJSP) has reached a settlement agreement. This lawsuit addressed the years of delays in processing expungement orders.
According to the settlement, the Department must process the expungement orders within four months. This agreement includes removing criminal records from background checks. This settlement resolved litigation filed against the State Police in late 2023 by the New Jersey Office of the Public Defender (NJOPD). The litigation sought to compel the Department to process orders to expunge criminal records on time.
This lawsuit is a response to an increasing backlog of expungement orders awaiting processing. In some cases, these orders went unprocessed for up to four years, leaving individuals unable to clear their records. These expungement orders rapidly increased following new legislation in 2016 and 2019 that allowed individuals to clear minor, non-violent infractions and drug offenses from their records.
The Department of the State Police is responsible for disseminating criminal records for background checks. However, the Department struggled to meet the enormous demand to remove these records from public access. As a result, the backlog rapidly grew to over 46,000 unprocessed expungement orders before the NJOPD filed its lawsuit.
According to the lawsuit, the State Police illegally disclosed criminal records that employers, housing providers, and others running background checks should not access. This action resulted in individuals being “denied jobs and other benefits due to the NJSP’s lengthy and unreasonable delays.” The state police will have until June 1, 2025, to process the backlog of orders currently standing. The Department will have 3-4 months to process new expungement orders following this deadline.
The NJOPD also commented on cases where processing faced challenges due to missing information. According to the lawsuit, the Department had halted all efforts to complete challenging processes. As a result, the settlement will require the Department to contact the petitioner and their counsel concerning challenging cases. They must also prioritize processing information received for these cases.
The settlement will also require the State Police to create an online portal where petitioners can track the status of their cases. In addition, the Department must make monthly reports with processing statistics and undergo monitoring. These steps will help ensure transparency of the Department’s efforts to clear backlogs and resolve delays.
These changes should take effect soon. Should the settlement proceed without issue, the NJOPD expects the lawsuit to receive a “dismissed with prejudice” verdict by September 2026.
Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.