NJOPD Class-Action Lawsuit Leads to Faster Expungements, New Processing Deadlines

TRENTON, N.J. — September 17, 2026 —

The New Jersey Office of the Public Defender (NJOPD) today announced the successful resolution of its class-action lawsuit against the New Jersey State Police (NJSP). The litigation addressed a statewide backlog of approximately 46,000 unprocessed expungement orders and drove structural reforms that have made the expungement process faster, more transparent and accountable for New Jersey residents.

Prior to the litigation, systemic processing delays meant residents were forced to wait roughly two years after receiving a judge's order to have their records cleared.

"Our litigation turned a system of frustrating delays and uncertainty into one that is faster, transparent, and accountable," said New Jersey Public Defender Jennifer Sellitti." A responsive government changes lives, sweeping away systemic roadblocks so thousands of people can build a stable foundation of employment, housing, and peace of mind."

Key Reforms Delivered

Following mediation overseen by retired New Jersey Supreme Court Associate Justice Jaynee LaVecchia, the settlement delivered three structural shifts:

• Backlog Addressed: The litigation addressed a backlog of approximately 46,000 unprocessed expungement orders. During the 18-month monitoring period, processing times dropped from waits of roughly two years before the litigation to 60 to 90 days for most orders.
• Mandatory Deadlines: The NJSP is now legally bound to process expungement orders within 120 days, aiming for a 90-day turnaround.
• New Tracking Portal: Created through litigation, a new expungement status portal lets petitioners track the status of their expungement orders.

Expanding Access Across New Jersey

This legal victory is one part of NJOPD's broader strategy to remove barriers to expungement relief across New Jersey. To help more residents navigate the process from the start, the Expungement Unit more than tripled its community clinics in 2026, scaling from 8 to more than 26 annual events hosted in churches, community centers, and local businesses.

Bolstered by four new staff members, technology upgrades, and strengthened partnerships, the Unit has handled more than 7,500 cases so far in 2026 as it works toward a goal of 10,000 by the end of the calendar year.

Case Background

The class action, A.A. et al. v. Callahan, was filed against the New Jersey State Police in Mercer County Superior Court on October 23, 2023, after NJOPD data revealed significant statewide delays.

Under the settlement's 18-month compliance period, the NJSP provided monthly processing statistics and random case samples for review by the NJOPD and Justice LaVecchia. With the monitoring period successfully completed and all terms met, the parties are filing a stipulation dismissing the case with prejudice.

The NJOPD litigation team was led by Fletcher Duddy, Assistant Public Defender, Special Litigation Unit, and Michael Noveck, formerly of NJOPD and now with FBT Gibbons.

Office of the Public Defender
Communications Office
opd.communications@opd.nj.gov