Bill Text: NJ S1368 | 2010-2011 | Regular Session | Introduced
Bill Title: Revises eligibility for expungement of criminal records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-11 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1368 Detail]
Download: New_Jersey-2010-S1368-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Mercer)
SYNOPSIS
Revises eligibility for expungement of criminal records.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning expungement of criminal records and amending N.J.S.2C:52-2.
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 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, after the expiration of a period of 10 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 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, on motion of the petitioner, the court shall allow a petition to be filed and presented, which may be granted pursuant to this section, although less than 10 years has expired in accordance with the requirements of the preceding paragraph where the court finds:
(1) less than 10 years has expired from the satisfaction of a fine, but the 10-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, including but not limited to, the person's participation in rehabilitation programs, the person's obtainment of employment, and the person's enrollment in an educational institution.
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 any 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 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses); section 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 2C:24-4b(4) (Endangering the welfare of a child); section 2C:24-4b(3) (Causing or permitting a child to engage in a prohibited sexual act); section 2C:24-4b(5)(a) (Selling or manufacturing child pornography); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing); section 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 [relate to] involve:
(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less[, or] ;
(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 of 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, including but not limited to, the person's participation in rehabilitation programs, the person's obtainment of employment, and the person's enrollment in an educational institution.
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.
(cf: P.L.1994, c.133, s.6)
2. This act shall take effect on the 60th day after enactment.
STATEMENT
This bill changes the criteria for expungement of criminal convictions.
First, the bill reduces the amount of time that must elapse before a person convicted of an indictable offense is eligible for expungement. Under current law, subsection a. of N.J.S.2C:52-2 requires a person to wait 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, before applying to expunge a conviction for an indictable offense. This bill would allow expungement for an indictable offense although less than 10 years has expired if the court finds that:
· Less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered by the court, or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
· 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, including but not limited to, the person's participation in rehabilitation programs, the person's obtainment of employment, and the person's enrollment in an educational institution.
In determining whether compelling circumstances exist, 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 any other relevant circumstances regarding the person's ability to pay.
The bill also adds the following crimes to the list of crimes that may not be expunged:
· Human Trafficking, section 1 of P.L.2005, c.77 (C.2C:13-8);
· Causing or permitting a child to engage in a prohibited sexual act, N.J.S.2C:24-4b(3);
· Selling or manufacturing child pornography, N.J.S.2C:24-4b(5)(a);
· Knowingly promoting the prostitution of the actor's child, N.J.S.2C:34-1b(4);
· Terrorism, section 2 of P.L.2002, c.26 (C.2C:38-2); and
· Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices, subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3).
Finally, this bill also creates an exception to the prohibition on expunging convictions for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell. The exception would apply if the conviction involved crimes of the third of fourth degree, and 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, including but not limited to, the person's participation in rehabilitation programs, the person's obtainment of employment, and the person's enrollment in an educational institution. Under current law, a person may not have their conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell expunged unless it relates to the sale, distribution, or possession of a small amount of marijuana or hashish.
