New Jersey Juvenile Adjudication Can Be Expunged Even If It Is a Disqualifying Offense

In the Matter of the Expungement Application of P.L.

Appellate Docket No.: A-3387-23

Decided July 30, 2025

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark

In a published opinion, the Appellate Division of New Jersey found that a juvenile adjudication can be expunged even if it is a disqualifying offense that would not be expungable as an adult conviction.

In P.L., After P.L. pled guilty to a drug-possession offense, he completed a term of special probation through the judiciary’s Recovery Court program.  Afterwards, he sought to expunge his adult criminal and juvenile delinquency history under N.J.S.A. 2C:35-14(m), which permits expungement of “all prior arrests, detentions, convictions, and proceedings for any [Title 2C offense] . . . upon successful discharge from a term of special probation.” N.J.S.A. 2C:35-14(m)(1).

The State did not object to the expungement of P.L.’s adult criminal history. However, it opposed removal of his prior juvenile delinquency adjudication for first-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1(a)(1), from his record. It argued the court could not permit a Recovery Court expungement of an offense that is non-expungable as a conviction under the general expungement statute, even after successful completion of Recovery Court. See N.J.S.A. 2C:52-4.1.

In a written opinion, the motion judge ordered expungement of P.L.’s entire record. He acknowledged “a juvenile adjudication is not a conviction.” Analyzing N.J.S.A. 2C:35-14(m), the judge found “the [c]ourt cannot add terms to statutes and must look to the language of the statute. Here, the legislature used the word conviction, and not adjudication [n]or any other language in the alternative. Accordingly, the juvenile adjudication cannot bara [R]ecovery [C]ourt expungement.” The judge concluded, regarding Recovery Court expungements, “the statute is clear: ‘the Superior Court may order the expungement of all records and information relating to all prior arrests, detentions, convictions, and proceedings for any offense enumerated in Title 2C of the New Jersey Statutes upon successful discharge from a term of special probation.’ N.J.S.A. 2C:35-14(m)(1).”

The State appealed and the Appellate Division affirmed on the same reasoning.

This decision is important for anyone with a juvenile conviction. Ordinarily, juvenile records can be expunged along with an adult record so long as the time requirements are met and there are no disqualifying convictions. Now, even if there is a disqualifying offense for someone’s juvenile record, it can still be expunged because an adjudication is different than a conviction.

If you or someone you know has a criminal conviction or juvenile record you want to expunge, contact the experienced attorneys at Hark & Hark today. We offer payment plan options to clients financially incapable of providing full payment upfront. Please call for a free consultation. At Hark & Hark, we represent clients for any case in any county in New Jersey Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, and Warren County.