The New Jersey State Police have agreed to process judicial expungement orders within 120 days, resolving litigation over yearslong delays in the clearing of expunged criminal records, the New Jersey Office of the Public Defender announced Thursday.

The agreement follows consent orders from last year to reduce a backlog of unprocessed expungement orders that reached 46,000 as of October 2023. Expungement orders have increased since New Jersey legalized marijuana in 2021. In February 2023, the New Jersey Supreme Court ruled that the new marijuana law intended not only to expunge prior convictions but to remove the records and all adverse effects connected to them.

"This agreement marks a pivotal step forward in our continued efforts to eliminate the backlog of unprocessed expungement orders across New Jersey," Public Defender Jennifer Sellitti said in a press release. "We are grateful to the Office of the Attorney General and the New Jersey State Police for their collaboration, as well as to the Honorable Jaynee LaVecchia, whose mediation in this case was invaluable in reaching this resolution."

The term sheet for the agreement — completed after mediation before former New Jersey Supreme Court Justice LaVecchia, who retired from the high court at the end of 2021 — includes measures to ensure the timely processing of judicial expungement orders, providing New Jersey residents with a clearer path to a fresh start, the public defender said.

The state police have agreed that as of June 1 all expungement orders will be processed within 120 days and that the goal is to complete the process within 90 days, the release said. Some expungements have taken more than two years to complete.

For judicial orders that require additional information, the state police agreed to provide notice of the deficiencies to applicants and their lawyers or the Office of the Public Defender if the applicant does not have a lawyer. Once the required information is provided, those orders will be prioritized, the release said.

In a separate press release, Attorney General Matthew Platkin said: "I'm grateful to everyone who worked to resolve this issue for the sake of those whose lives have been in limbo while waiting for their expungement orders to be processed. Everyone deserves a second chance, and I am committed to making sure that the timelines set out in this agreement are followed and that we continue to work together to make expungement processing as efficient as possible."

To monitor compliance by the state police, Justice LaVecchia and the Office of the Public Defender will receive regular reports, many of which will be made publicly available, the attorney general's office said. After 18 months, any active case will be dismissed with prejudice based on the track record of compliance.

This week the state police established an online portal that will allow the public to check the status of expungement orders.

"As we continue to advance our Second Chances agenda, it's crucial that our expungement process is swift and efficient," Gov. Phil Murphy said in a statement. "In the coming months, we intend to take further action on our clemency and expungement initiatives. Today's agreement establishes a solid system to facilitate and streamline these efforts."

The agreement builds on significant improvements over the past year, the attorney general's office said, citing the state police's use of new technological tools to improve processing efficiency, including automated bulk expungement, and the streamlined processing protocols developed through negotiations with Office of the Public Defender.

"We understand the profound impact that the expungement process has on people's lives, offering them a second chance and the opportunity to move forward without past mistakes defining their future," said Col. Patrick J. Callahan, superintendent of the New Jersey State Police. "The technology we have instituted to assist in this process reflects the New Jersey State Police's strong commitment to ensuring these records are cleared as efficiently as possible."

When it filed the class action in October 2023, the Office of the Public Defender said the state police unlawfully disclosed criminal records of tens of thousands of individuals. After an expungement is granted, the state police must remove the offense from the individual's background check, but the delays prevented the individuals from being freed of the consequences of their past actions.

The public defender noted that resources had been provided to the state police for expungements.

The unidentified plaintiffs are represented by the New Jersey Office of the Public Defender.

The New Jersey State Police are represented by the Office of the Attorney General.

The case is A.A. et al. v. Col. Patrick Callahan, case number MER-L-002001-23, in the Superior Court of the State of New Jersey, County of Mercer.

--Editing by Rich Mills.