New Jersey Expungement Laws Guide: What CRAs and Background Screeners Must Know in 2025

New Jersey's expungement laws continue to evolve, reflecting the state’s broader push for criminal justice reform and greater privacy protections. In 2024, new legislative efforts, including Assembly Bill A4151, introduced additional restrictions around disclosing expunged cannabis records—signaling a critical shift in how consumer reporting agencies (CRAs) and background screening providers must operate in the Garden State.

At Eagle Eye Screening Solutions, we provide real-time public record retrieval designed to adapt with the law. Here's what you need to know to remain compliant under New Jersey’s tightening legal framework.

Overview: Expungement in New Jersey

New Jersey allows individuals to clear criminal records through a formal expungement process. The Clean Slate Law, enacted in 2019, provides for automatic expungement of eligible offenses after ten years—provided no new convictions occur during that time.

This law covers most indictable offenses and disorderly persons convictions, though violent crimes and serious offenses are excluded. Importantly, many of these expungements are handled electronically by the state’s court system, eliminating the need for manual petitions in most cases.

Cannabis Records and Assembly Bill A4151

A major development in 2024 was the passage of Assembly Bill A4151 by the New Jersey General Assembly. This legislation aims to:

• Bar employers, landlords, and licensing boards from using expunged cannabis records in decision-making.
  
  
• Restrict public access to these records, even for non-decision-making or informational purposes.
  
  
• Penalize unauthorized disclosure, including instances caused by outdated or inaccurate data feeds from third-party vendors.
  
  

If fully enacted, this law would significantly increase the legal risk for CRAs that inadvertently report expunged records, especially related to cannabis.

What This Means for Background Screening

Including expunged records in a background report may violate both New Jersey law and the Fair Credit Reporting Act (FCRA). For CRAs and employers, this creates a heightened need for:

• Automated filtering systems that exclude expunged records.
  
  
• Validation processes that ensure public record data reflects the most current expungement orders.
  
  
• Continuous monitoring of court data systems and changes in local legislation.
  
  

At Eagle Eye, our tools are built to adapt in real time—ensuring that outdated or sealed records are never included in our data feeds.

Compliance Best Practices



To avoid liability under New Jersey’s evolving expungement rules, we recommend:

• Auditing your criminal record pipelines to flag potential gaps in expungement handling.
  
  
• Working with data vendors that update records in real time and comply with state law.
  
  
• Training compliance staff on New Jersey-specific nuances, especially regarding cannabis reform.
  
  
• Monitoring the progress of A4151 and similar bills that may further restrict record access or disclosure.