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LSNJ LAW Home > Legal Topics > Criminal Charges and Convictions > Reentry > Expungement

Clemency Expanded in New Jersey

 

New Jersey’s Constitution allows the governor to grant clemency to individuals for criminal convictions. A 2025 Executive Order established a Clemency Advisory Board to advise and make recommendations to the governor, and to provide a process for applicants to seek expedited clemency.

What is clemency?

Clemency is the process by which the governor may grant a pardon or commutation.

A pardon forgives the conviction and restores certain legal rights, like the right to serve on a jury. A pardon may remove collateral consequences that have resulted from a criminal conviction, such as barriers to employment and professional licensure. A pardon may also allow some non-expungable crimes to become expungable after the pardon is granted. A pardon does NOT erase the criminal history, but public records may say that a pardon was granted.

A commutation can reduce a sentence. It does NOT remove the conviction.

Clemency is different from an expungement. An expungement seals a criminal record from public view. If you receive a pardon or commutation, you will still have a conviction on your public record unless you expunge it later.

Clemency can:

  • Address the systemic failures that have led to over-incarceration and disparities in the criminal justice system;
  • Deliver justice to individuals who received disproportionately harsh sentences, including those punished for exercising their constitutional right to a trial rather than accepting a plea deal;
  • Create a path toward healing and redemption for survivors of domestic violence who were criminalized in the context of their abuse;
  • Offer a process to align outdated sentences with current standards—especially in cases where laws have changed, sentences have been reformed, or the underlying offenses have since been reclassified or decriminalized; and
  • Be a vehicle for fairness, second chances, and the correction of historical injustices.

Do I qualify for expedited clemency?

If you have already completed your incarceration and/or community supervision, you may be eligible for expedited consideration if you meet at least one of the time-based criteria and at least one of the offense-based criteria from the lists below.

Time-Based Criteria (at least one must apply to you)

  1. More than 10 years have elapsed since you completed your most recent sentence (including incarceration and/or community supervision);
  2. More than 5 years have elapsed since you completed your most recent sentence (including incarceration and/or community supervision), and you are currently at least 60 years old; or
  3. More than five 5 years have elapsed since you completed your most recent sentence (including incarceration and/or community supervision), and you were 25 years old or younger at the time of the offense.

Offense-Based Criteria (at least one must apply to you)

  • The crime you are seeking clemency for is not enumerated in the No Early Release Act pursuant to N.J.S.A 2C:43-7.2(d):
  • Murder
  • Aggravated manslaughter or manslaughter
  • Vehicular homicide
  • Aggravated assault
  • Disarming a law enforcement officer (first degree only)
  • Kidnapping
  • Aggravated sexual assault;
  • Sexual assault where the actor commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim
  • Sexual assault involving sexual penetration where the actor commits the act using coercion or without the victim’s consent but severe personal injury is not sustained
  • Robbery
  • Carjacking
  • Aggravated arson when purposely or knowingly placing another person in danger of death or bodily injury
  • Burglary
  • Extortion where the actor purposely threatens to inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense
  • Booby traps in manufacturing or distribution facilities with intent to manufacture, distribute or dispense controlled dangerous substances
  • Strict liability for drug induced deaths
  • Terrorism
  • Producing or possessing chemical weapons, biological agents or nuclear or radiological devices
  • Racketeering, when it is a crime of the first degree;
  • Transporting firearms into the State for unlawful sale or transfer
  • Causing or permitting a child to engage in a prohibited sexual act, knowing that the act may be reproduced or reconstructed in any manner, or be part of an exhibition or performance
  • Home invasion burglary
  • Residential burglary
  • You are seeking executive clemency for a conviction for a crime or offense which is no longer unlawful;
  • No objection has been received from the Prosecutor for any county in which you have received a conviction for which you are seeking executive clemency; or
  • The Conviction Review Unit (CRU) within the Office of the Attorney General has referred you for expedited consideration.

If you are presently serving a term of incarceration or community supervision, expedited consideration may be given to your application if you meet at least one of the following requirements:

  1. You are a victim of domestic or sexual violence or sex trafficking who was convicted of a crime or offense against the perpetrator of the domestic or sexual violence or sex trafficking, or of a crime or offense committed under the duress or coercion of such perpetrator;
  2. You establish that your sentence reflects an excessive trial penalty, based on a comparison of the sentence and a documented pretrial plea offer;
  3. You are seeking clemency for a conviction for a crime or offense which is no longer unlawful;
  4. You are seeking clemency for a conviction that would have resulted in a less severe sentence under current law or policy; or
  5. The Conviction Review Unit (CRU) within the Office of the Attorney General has referred you for expedited consideration.

You may reapply for clemency even if you have previously applied and your application was denied. Similarly, you may reapply if you applied for clemency under a previous governor and did not receive a decision.

How do I apply?

You may submit an application for clemency online or through the mail.

To apply online, register and submit the application at New Jersey State Executive Clemency Portal. To apply by mail, you can download and print the State of New Jersey Petition for Executive Clemency application. Submit the completed application, along with any supporting documents, to:

New Jersey State Parole Board Attn: Clemency Unit
P.O. Box 862
Trenton, NJ 08625

If you need to supplement your application with additional information, you can send it to [email protected] or mail additional information to:

New Jersey State Parole Board Attn: Clemency Unit
P.O. Box 862
Trenton, NJ 08625

What if I need more help?

Legal Services of New Jersey (LSNJ) provides free legal assistance to low-income people. If you need help or more information, you may contact LSNJLAWSM, LSNJ’s statewide, toll-free legal Hotline, online at www.lsnjlawhotline.org, or by phone at 1-888-LSNJ-LAW (1-888-576-5529). If you are not eligible for assistance, the Hotline will refer you to other possible resources.