Bill Text: NJ S1053 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides for automatic expungement of criminal records under certain circumstances and reduces waiting period.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-23 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1053 Detail]
Download: New_Jersey-2012-S1053-Introduced.html
Sponsored by:
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
SYNOPSIS
Provides for automatic expungement of criminal records under certain circumstances and reduces waiting period.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning automatic expungement of criminal records and revising various sections of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:52-2 is amended to read as follows:
2C:52-2. Indictable Offenses.
a. [In] Except as provided in section 2 of P.L. , c. (C. )(now pending before the Legislature as section 2 of this bill), in all cases[, except as herein provided,] wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions [may], the person shall, after the expiration of a period of [10] seven years from the date of his conviction, [payment of fine,] satisfactory completion of probation or parole, or release from incarceration, whichever is later, [present a duly verified petition as provided in section 2C:52-7 to] have his conviction and all records and information pertaining thereto automatically expunged by the Superior Court in the county in which the conviction was entered [praying that such conviction and all records and information pertaining thereto be expunged].
Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, although less than [10] seven years has expired in accordance with the requirements of the preceding paragraph where the court finds:
(1) less than [10] seven years has expired from the satisfaction of a fine, but the [10] seven-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
(2) at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction.
In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person's age at the time of the offense, the person's financial condition and other relevant circumstances regarding the person's ability to pay.
[Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.]
b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.
Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: [Section] N.J.S. 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in [section] N.J.S. 2C:11-5; [section] N.J.S. 2C:13-1 (Kidnapping); [section 2C:13-6] section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); [section] N.J.S. 2C:14-2 (Sexual Assault or Aggravated Sexual Assault); [section] N.J.S. 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, [section] N.J.S. 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, [section] N.J.S. 2C:13-2 (Criminal Restraint) or [section] N.J.S. 2C:13-3 (False Imprisonment); [section] N.J.S. 2C:15-1 (Robbery); [section] N.J.S. 2C:17-1 (Arson and Related Offenses); [section] N.J.S. 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); [section] N.J.S. 2C:24-4b(4) (Endangering the welfare of a child); [section] N.J.S. 2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); [section] N.J.S. 2C:24-4b.(5)(a) (Selling or manufacturing child pornography); [section] N.J.S. 2C:28-1 (Perjury); [section] N.J.S. 2C:28-2 (False Swearing); [section] N.J.S. 2C:34-1b.(4) (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.
Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.
c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:
(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;
(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or
(3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner's character and conduct since conviction.
d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners [upon receipt of a petition for expungement of the conviction and records and information pertaining thereto] once the records have been expunged.
(cf: PL.2009, c.188, s.1)
2. (New section) Petition procedure under certain circumstances.
a. Any person who is seeking an expungement pursuant to N.J.S.2C:52-2 for an indictable offense and has had a subsequent conviction for not more than two disorderly persons or petty disorderly persons offenses may present a duly verified petition to the Superior Court provided that he has never been granted an expungement, sealing or similar relief regarding a criminal conviction by any court in this State or other state or by any federal court.
b. The petition shall include the petitioner's date of birth, date of arrest, if any, the statute and offense for which petitioner was arrested and of which petitioner was convicted, the original indictment, summons or complaint number, the petitioner's date of conviction or date of disposition of the matter if no conviction resulted and the court's disposition of the matter and the punishment imposed, if any.
c. There shall be attached to the petition for expungement a statement with the affidavit or verification that there are not more than two disorderly persons offenses or petty disorderly persons offenses against the petitioner at the time of filing of the petition for expungement. The statement with affidavit or verification shall also state that the petitioner has never been granted expungement, sealing or similar relief regarding a criminal conviction by any court in this State or other state or by any federal court.
d. A person who has received a dismissal of a criminal charge because of acceptance into a supervisory treatment or any other diversion program may petition the court for expungement pursuant to this section.
3. (New section) Petition hearings. a. Upon the filing of a petition for relief pursuant to the provisions of section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill), the court shall, by order, fix a time not less than 20 nor more than 45 days thereafter for hearing of the matter.
b. A copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the Rules of Court upon the Superintendent of State Police; the Attorney General; the county prosecutor of the county wherein the court is located; the chief of police or other executive head of the police department of the municipality wherein the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State which participated in the arrest of the individual; the superintendent or warden of any institution in which the petitioner was confined; and, if a disposition was made by a municipal court, upon that court. Service shall be made within five days from the date of the order setting the date for the hearing upon the matter.
c. If, prior to the hearing, there is no objection from those law enforcement agencies notified or from those offices or agencies which are required to be served pursuant to this section, and no reason set forth in subsection e. of this section exists, the court may, without a hearing, grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge records of said disposition including evidence of arrest, detention, conviction and proceedings related thereto.
d. In the event that none of the persons or agencies required to be noticed has entered any objection to the relief being sought, the court may nevertheless deny the relief sought if it concludes that petitioner is not entitled to relief for the reasons provided in subsection e. of this section.
e. No petition for relief made pursuant to this section shall be heard by any court if the petitioner, at the time of filing or date of hearing, has a charge or charges pending against him which allege the commission of a crime, disorderly persons offense or petty disorderly persons offense. Such petition shall not be heard until such time as all pending criminal and or disorderly persons charges are adjudicated to finality.
f. A petition for expungement filed pursuant to section 2 of P.L. , c. (C. )(now pending before the Legislature as section 2 of this bill) and this section shall be denied when:
(1) Any statutory prerequisite is not fulfilled or there is any other statutory basis for denying relief;
(2) The need for the availability of the records outweighs the desirability of having a person freed from any disabilities. An application may be denied under this subsection only following objection of a party given notice pursuant to subsection b. of this section and the burden of asserting such grounds shall be on the objector;
(3) In connection with a petition under section 2 of P.L. , c. (C. )(now pending before the Legislature as section 2 of this bill) and this section, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged;
(4) The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body; or
(5) A person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition.
4. N.J.S.2C:52-3 is amended to read as follows:
2C:52-3. Disorderly persons offenses and petty disorderly persons offenses.
Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, [may] shall, after the expiration of a period of [5] three years from the date of his conviction, payment of fine, or satisfactory completion of probation or release from incarceration, whichever is later, [present a duly verified petition as provided in section 2C:52-7 hereof to ] have his conviction and all records and information pertaining thereto automatically expunged by the Superior Court in the county in which the conviction was entered [praying that such conviction and all records and information pertaining thereto be expunged].
(cf: P.L.1981, c.290, s.43).
5. N.J.S.2C:52-4 is amended to read as follows:
2C:52-4. Ordinances.
In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, [may] the person shall, after the expiration of a period of [2] two years from the date of his conviction[, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to] , have his conviction and all records and information pertaining thereto automatically expunged by the Superior Court in the county in which the violation occurred [praying that such conviction and all records and information pertaining thereto be expunged].
(cf: P.L.1979, c.178, s.111)
6. Section 1 of P.L.1980, c.163 (C.2C:52-4.1) is amended to read as follows:
1. a. Any person adjudged a juvenile delinquent may have such adjudication automatically expunged as follows:
(1) Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult;
(2) Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or
(3) Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.
For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.
b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:
(1) [Five] Four years have elapsed since the final discharge of the person from legal custody or supervision or [5] four years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the [five] four-year period for purposes of this paragraph;
(2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the [5 years prior to the filing of the petition] four years after he has satisfied his detention, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the [five] four-year period for purposes of this paragraph;
(3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;
(4) He has never had an adult conviction expunged; and
(5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.
c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6.
(cf: P.L.2009, c.188, s.2)
7. N.J.S. 2C:52-5 is amended to read as follows:
2C:52-5. Expungement of Records of Young Drug Offenders. Notwithstanding the provisions of [sections] N.J.S. 2C:52-2 and N.J.S. 2C:52-3, after a period of [not less than] one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L.1955, c.277, s.3 (C.2A:170-77.5), or convicted of violating P.L.1962, c.113, s.1 (C.2A:170-77.8), and who at the time of the offense was 21 years of age or younger[, may apply to] shall have his conviction and all records and information pertaining thereto automatically expunged by the Superior Court in the county wherein the [matter was disposed of for the expungement of such person's conviction and all records pertaining thereto] violation occurred. The relief of expungement under this section shall be granted only if said person has not[, prior to the time of hearing,] violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.L.1955, c.277, s.3 (C.2A:170-77.5) or of P.L.1962, c.113, s.1 (C.2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program.
This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except:
(1) Marihuana, where the total sold, distributed or possessed with intent to sell was 25 grams or less, or
(2) Hashish, where the total
amount sold, distributed or
possessed with intent to sell was 5 grams or less.
(cf: P.L.1987, c.106, s.16)
8. N.J.S. 2C:52-6 is amended to read as follows:
2C:52-6. Arrests not resulting in conviction.
a. In all cases, except as herein provided, wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, [may at any time] shall one year following the disposition of proceedings[, present a duly verified petition as provided in section 2C:52-7 to] have his conviction and all records and information pertaining thereto automatically expunged by the Superior Court in the county in which the disposition occurred [praying that records of such arrest and all records and information pertaining thereto be expunged].
b. Any person who has had charges dismissed against him pursuant to P.L.1970, c.226, s.27 (C.24:21-27) or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.
c. Any person who [has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged] obtains an automatic expungement pursuant to this section shall make a separate application pursuant to the provisions of section 9 of P.L.1994, c.136 (C.53:1-20.25) for expungement of DNA records or profiles which have been included in the State DNA database.
(cf: P.L.1979, c.178, s.113).
9. N.J.S. 2C:52-14 is amended to read as follows:
2C:52-14. Grounds for denial of relief.
[A petition for expungement filed pursuant to this chapter] Expungement shall be denied when:
a. Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief.
b. The need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in this chapter. [An application may be denied under this subsection only following objection of a party given notice pursuant to 2C:52-10 and the burden of asserting such grounds shall be on the objector, except that in] In regard to expungement sought for third or fourth degree drug offenses pursuant to paragraph (3) of subsection c. of N.J.S.2C:52-2, the court shall consider whether this factor applies [regardless of whether any party objects on this basis].
c. In connection with a petition under section 2C:52-6, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged.
d. The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body.
e. A person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition. This provision shall not apply:
(1) When the person is seeking the expungement of a municipal ordinance violation or,
(2) When the person is seeking the expungement of records pursuant to section 2C:52-6.
f. The person seeking the relief of expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense has prior to or subsequent to said conviction been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversion program.
(cf: P.L.2009, c.188, s.3)
10. N.J.S. 2C:52-15 is amended to read as follows:
2C:52-15. Records to be removed; control.
If an [order
of] expungement of records of arrest or
conviction under this chapter is granted [by the
court], all the records [specified
in said order] shall be removed from the files
of the agencies [which have been noticed of the
pendency of petitioner's motion and which are, by the provisions of this
chapter, entitled to notice,] and shall be
placed in the control of a person who has been designated [by the head of each such agency which, at the time of
the hearing, possesses said] to possess all
records of expungement. That designated person shall, except as
otherwise provided in this chapter, insure that such records or the information
contained therein are not released for any reason and are not utilized or
referred to for any purpose. In response to requests for information or
records of the person who was arrested or convicted, all noticed officers,
departments and agencies shall reply, with respect to the arrest, conviction or
related proceedings which are the subject of
the order, that there is no record information.
(cf: P.L.1979, c.178, s.122).
11. N.J.S. 2C:52-16 is amended to read as follows:
2C:52-16. Expunged record including names of persons other than petitioner.
Any record or file which is maintained by a judicial or law enforcement agency, or agency in the criminal justice system, which is the subject of an [order of] automatic expungement which includes the name or names of persons other than that of the [petitioner] person seeking the expungement need not be isolated from the general files of the agency retaining same if the other persons named in said record or file have not [been granted an order of expungement of said record, provided that a copy of the record shall be given to the person designated in 2C:52-15] had their records automatically expunged and the original shall remain in the agency's general files with the petitioner's name and other personal identifiers obliterated and deleted.
(cf: P.L.1979, c.178, s.123).
12. N.J.S. 2C:52-17 is amended to read as follows:
2C:52-17. Use of expunged records by agencies on pending petition for expungement.
Expunged records may be used by the agencies that possess same to ascertain whether a person has had prior conviction expunged, or sealed under prior law, when the agency possessing the record is noticed of [a pending petition for] the expungement of a conviction. [Any such agency may supply information to the court wherein the motion is pending and to the other parties who are entitled to notice pursuant to 2C:52-10.]
(cf:P.L.1979, c.178, s.124).
13. N.J.S. 2C:52-19 is amended to read as follows:
2C:52-19. Order of [superior court] Superior Court permitting inspection of records or release of information; limitations.
Inspection of the files and records, or release of the information contained therein, which are the subject of an [order of] expungement, or sealing under prior law, may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. The motion or any order granted pursuant thereto shall specify the person or persons to whom the records and information are to be shown and the purpose for which they are to be utilized. Leave to inspect shall be granted by the court only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. Such records may not be inspected or utilized in any subsequent civil or criminal proceeding for the purposes of impeachment or otherwise but may be used for purposes of sentencing on a subsequent offense after guilt has been established.
(cf: P.L.1979, c.178, s.126)
14. N.J.S 2C:52-24 is amended to read as follows:
2C:52-24. County prosecutor's obligation to ascertain propriety of [petition] automatic expungement.
Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein [any petition for] automatic expungement is filed to verify the accuracy of the allegations contained in the [petition for] expungement and to bring to the court's attention any facts which may be a bar to[, or which may make inappropriate the granting of, such relief] an automatic expungement. If no disabling, adverse or relevant information is ascertained [other than that as included in the petitioner's affidavit, such facts shall be communicated by] the prosecutor [to the hearing judge] shall provide documentation in that regard.
(cf: P.L.1979, c.178, s.131)
15. N.J.S. 2C:52-26 is amended to read as follows:
2C:52-26. Vacating of orders of sealing; time; basis.
If, within 5 years of the entry of an expungement order, [any party to whom notice is required to be given pursuant to section 2C:52-10 notifies the court which issued the order that at the time of the petition or hearing] the court receives any information which demonstrates that there were criminal, disorderly persons or petty disorderly persons charges pending against the person [to whom the court granted such order, which] who received an automatic expungement and that those charges were not revealed [to the court at the time of hearing of the original motion or that there was some other statutory disqualification, said] at the time of the automatic expungement, the court shall vacate the expungement order in question [and reconsider the original motion in conjunction with the previously undisclosed information].
(cf: P.L.1979, c.178, s.133)
16. N.J.S. 2C:52-27 is amended to read as follows:
2C:52-27. Effect of expungement.
Unless otherwise provided by law, if an [order of ] automatic expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the [petitioner] person may answer any questions relating to their occurrence accordingly, except as follows:
a. [The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.
b.] The fact of an expungement of prior charges which were dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any judge who is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; and
[c.] b. Information divulged on expunged records shall be revealed by a [petitioner] person seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law.
(cf: P.L.1981, c.290, s.45)
17. Section 5 of P.L.1997, c.353 (C.2C:52-27.1) is amended to read as follows:
5. a. If an [order of] automatic expungement of records of conviction under the provisions of chapter 52 of Title 2C of the New Jersey Statutes is [granted by the court to] entered for a person convicted of health care claims fraud [in which the court had ordered] wherein the offender's professional license or certificate [be] is required to be forfeited and the person be forever barred from the practice of the profession, occupation, trade, vocation or business pursuant to subsection a. of section 4 of P.L.1997, c.353 (C.2C:51-5), the person may petition the court for an order to rescind the court's order of debarment if the person can demonstrate that the person is sufficiently rehabilitated.
b. If an order to rescind the court's order of debarment is granted, the person granted the order may apply to be licensed or certified to practice the profession, occupation, trade, vocation or business from which the offender was barred.
(cf: P.L.2003, c.89, s.77)
18. (New section) No fee shall be charged for an automatic expungement of records pursuant to the provisions of chapter 52 of the New Jersey Statutes and P.L. , c. (C. )(now pending before the Legislature as this bill).
19. N.J.S. 2C:52-30 is amended to read as follows:
2C:52-30. Disclosure of expungement order.
Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person. Notwithstanding the provisions of [section] N.J.S. 2C:43-3, the maximum fine which can be imposed for violation of this section is $200.00.
(cf: P.L.1979, c.178, s.137)
20. N.J.S. 2C:52-32 is amended to read as follows:
2C:52-32. Construction.
This chapter shall be construed with the primary objective of providing relief to the one-time offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby periodic violators of the law or those who associate themselves with criminal activity have a regular means of automatically expunging their police and criminal records.
(cf: P.L.1979, c.178, s.139)
21. N.J.S. 22A:2-25 is amended to read as follows:
22A:2-25. Law Division filing fees.
Upon the filing, entering or docketing with the deputy clerk of the Superior Court in the various counties of the herein-mentioned papers or documents by either party to any action or proceeding in the Law Division of the Superior Court, other than a civil action in which a summons or writ must be issued, he shall pay the deputy clerk of the court the following fees:
Entering of complaint or first paper of any action or
proceeding ............ $ 9.00
Filing complaint .................... $ 3.00
Filing answer or appearance ......... $ 6.00
Filing any other pleading, any amended pleading
or any amendment to a pleading ..... $ 3.00
Filing and entering each order or judgment of court,
including order to show cause.... $ 6.00
Filing and entering a voluntary dismissal, either by
stipulation or order of court ..... $ 7.50
Filing notice of appeal ....................... $15.00
Filing proceedings or papers on appeal ........ $ 6.00
[Filing first paper on petition for
expungement ........ $22.50]
Filing any other paper or document
not herein stated ..... $ 4.50
Signing and sealing habeas corpus .............. $ 7.50
Signing and issuing subpena ................. $ 1.50
(cf: P.L.1985, c.422, s.1)
22. (New section) The Supreme Court of New Jersey may adopt Rules of Court and the Administrative Director of the Courts may issue directives and guidelines to implement the purposes of P.L. , c. (now pending before the Legislature as this bill).
23. The following are repealed:
N.J.S. 2C:52-7 through N.J.S. 2C:52-13, both inclusive; and
N.J.S. 2C:52-29.
24. This act shall take effect on the 60th day after enactment.
STATEMENT
This bill would authorize the automatic expungement of a person's criminal record under certain circumstances and reduce the waiting period. The bill would eliminate the requirement that the person seeking the expungement file a petition. Instead, the person would automatically be granted an expungement once the requisite amount of time has lapsed since the conviction and the other statutory requirements have been fulfilled.
Absolute Bar to Expungement. The current provisions concerning crimes which are an absolute bar to expungement have not been amended and would remain in effect. Those crimes are as follows: criminal homicide, kidnapping, luring, aggravated sexual assault, aggravated criminal sexual contact, criminal sexual contact, criminal restraint, false imprisonment, robbery, arson, endangering the welfare of a child or perjury, human trafficking, sex crimes involving children pursuant to N.J.S.A.2C:24-4, terrorism, and producing or possessing chemical weapons, biological agents or nuclear or radiological devices.
Indictable offenses. Currently, a person may petition for expungement of a record of an indictable offense after the expiration of ten years from the date of conviction, payment of a fine, completion of probation or parole or release from incarceration, whichever is later, if the person has not been convicted of a prior or subsequent crime and not been convicted of a disorderly persons or petty disorderly persons offense on more than two occasions. Under certain circumstances, pursuant to P.L.2009, c.188, the petition may also be brought if less than 10 years has expired from the payment of a fine but the 10-year requirement is otherwise satisfied, or if at least five years has expired and the person has not been convicted of a crime, disorderly or petty disorderly persons offense since the conviction.
This bill would reduce the waiting period, providing for automatic expungement after seven years has expired since the date of conviction, completion of probation or parole or release from incarceration, whichever is later. The bill removes the requirement that all fines must be paid before the time period begins.
Disorderly persons and petty disorderly persons offenses. Currently a person may petition for expungement of a record of a disorderly persons or petty disorderly persons offense after the expiration of five years from the date of conviction, payment of fine, completion of probation or release from incarceration, whichever is later, if the person has not been convicted of any prior or subsequent crime or of another three disorderly persons or petty disorderly persons offenses. The bill would reduce this period, providing for automatic expungement after three years.
Municipal ordinance violations. Municipal ordinance violations may be expunged after two years from the date of conviction, payment of fine, completion of probation or release from incarceration, whichever is later, if the person has not been convicted of any prior or subsequent crime or been adjudged a disorderly person or petty disorderly person on more than two occasions. Under the bill, these records could be expunged after two years from the date of conviction.
Special petition process. The bill provides for a special petition process when a person requests that his conviction for an indictable offense be expunged and the person has had a subsequent conviction for two disorderly persons offenses or petty disorderly persons offenses. These subsequent convictions would ordinarily bar him from expungement. Under those circumstances, the person must file a petition for expungement with the court with supporting documents outlining his history and file copies with law enforcement. The court would then schedule a hearing. Under the bill, the court may grant the expungement prior to the hearing if there are no objections from those served.
The court can deny relief even if no objections are entered if: (1) any statutory prerequisite is not fulfilled or there is any other statutory basis for denying relief; (2) the need for the availability of the records outweighs the desirability of having a person freed from any disabilities; (3) if the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges (this bar, however, shall not apply once the conviction is itself expunged); (4) the arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body; or (5) a person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition.
Juvenile Records. The same time frames that apply for expungement of adult convictions would apply for juvenile records as follows: seven years for an indictable offense; three years for disorderly persons offense or petty disorderly persons offense; and two years for a municipal ordinance violation.
In addition, the bill would decrease the number of years needed to have elapsed for expungement of the entire record of delinquency and provide that these records would automatically be expunged as follows: (1) four years since the final discharge of the person from legal custody; (2) four years since the entry of any other court order not involving custody or supervision; and (3) four years after the juvenile is finally discharged from legal custody provided that the juvenile has complied with the other statutory requirements: he was not convicted of a crime, disorderly or petty disorderly persons offense, or adjudged a delinquent, during the four years after he has satisfied his detention, and no proceeding or complaint is pending seeking such a conviction or adjudication; he was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement; he has never had an adult conviction expunged; he has never had adult criminal charges dismissed following completion of a supervisory treatment.
Young drug offender. The current statute allows for an expungement petition for certain young drug offenders (21 years of age or younger at the time of the offense), to be made after a period of not less than one year following conviction, termination of probation or parole or discharge from custody. Under the bill the conviction would automatically be expunged after a period of one year.
Arrests not resulting in conviction. In addition, this bill amends the law concerning arrests which have not resulted in convictions to provide that these records would also be automatically expunged one year after the disposition of proceedings. The bill clarifies that a separate application must be made for expungement of DNA records in accordance with the provisions of N.J.S.A.53:1-20.25.
Grounds for denial. The grounds for denial of relief would remain unchanged under the provisions of the bill. Therefore, an expungement would be denied if any statutory prerequisites were not fulfilled, if the need for availability of records outweighs the desirability of having a person freed from any disabilities, if the dismissal resulted from a plea agreement, if the arrest or conviction sought to be expunged is the subject of a civil action, or if the person seeking the expungement has been granted a dismissal of criminal charges following completion of supervisory treatment or other diversion program.
Elimination of fee requirement. Currently, N.J.S.A.2C:52-29 requires an individual who is seeking an expungement to formally petition the court and pay a $30 fee to defer administrative costs in processing the application. This bill would repeal N.J.S.A.2C:52-29 to eliminate the fee requirement. Accordingly, N.J.S.22A:2-25, which concerns Superior Court, Law Division filing fees, would also be amended to eliminate the $22.50 fee for filing of the first paper on petition for expungement.
Repealed sections. This bill would repeal those sections of the law that require a petition and other supporting documents to be filed, as the bill provides for an automatic expungement procedure.
Sections which have not been repealed. The following sections have not been repealed and would remain in effect: (1) N.J.S.A.2C:52-18 (allows information to be supplied to the Violent Crimes Compensation Board); (2) N.J.S.A.2C:52-20 (allows use of expunged records in conjunction with supervisory treatment or diversion programs); (3) N.J.S.A.2C:52-21 (use of expunged records in conjunction with setting bail, presentence report or sentencing); (4) N.J.S.A.2C:52-22 (use of expunged records by Parole Board); (5) N.J.S.A.2C:52-23 (use of expunged records by the Department of Corrections); (6) N.J.S.2C:52-25 (retroactive application of the statute); and (7) N.J.S.2C:52-28 (inapplicability of the expungement statute to arrests or convictions for motor vehicle offenses).
