New Jersey-2016-A1848-Introduced

An Act concerning expungement and amending N.J.S.2C:52-6 and N.J.S.2C:52-14.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. 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 following the disposition of proceedings, present a duly verified petition as provided in N.J.S.2C:52-7 to 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 pursuant to N.J.S.2C:43-12, or conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), shall be barred from the relief provided in this section until six months after the entry of the order of dismissal.] Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill).

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.

(cf: P.L.2013, c.158, s.13)

2. N.J.S.2C:52-14 is amended to read as follows:

2C:52-14. A petition for expungement filed pursuant to this chapter 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 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.] Deleted by amendment, P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2009, c.188, s.3)

3. This act shall take effect immediately.

STATEMENT

This bill would eliminate certain bars to expungement of criminal records.

Currently, N.J.S.2C:52-6 provides that a person can apply for expungement of an arrest or charge at any time following the disposition of proceedings in cases where the arrest or charge did not result in a conviction. However, if the charges were dismissed pursuant to a program of supervisory treatment, conditional discharge, or conditional dismissal, the person must wait six months before applying for expungement of the arrest or charge. This bill would eliminate the waiting period and allow the person to apply for expungement at any time following the disposition of proceedings.

In addition, subsection f. of N.J.S.2C:52-14 bars expungement of a conviction if, prior to or subsequent to that conviction, criminal charges against the person were dismissed following completion of a supervisory treatment or other diversion program. This bill would eliminate the bar on expungement under these circumstances and allow the person to petition the court for expungement of the conviction.