Bill Text: NJ S1642 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits the sealing of certain criminal records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-04 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1642 Detail]
Download: New_Jersey-2010-S1642-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Permits the sealing of certain criminal records.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sealing records and supplementing chapter 52 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. (1) Except as otherwise provided, "sealed" shall mean that all index references shall be marked "not available" or "no record" and law enforcement officers and departments shall reply and the person may reply to any inquiry that there is no record with respect to such person, except that records may be maintained for purposes of reestablishing a record of offenses in the event of a subsequent violation.
(2) Sealed records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets," judicial docket records, correctional, probation and parole records.
b. (1) Notwithstanding any other provision of law, any person convicted of a crime of the third degree or a crime of the fourth degree under the laws of this State, who for a period of five years from the date of his last conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, has not been convicted of any subsequent crime whether in this State or any other jurisdiction, or of any other disorderly persons or petty disorderly persons offenses, and no charges are currently pending, may present a duly verified petition to the Superior Court in the county or counties in which each conviction was entered seeking to have each conviction involving a disorderly persons offense, a petty disorderly persons offense, a crime of the third degree or a crime of the fourth degree, and all records and information related thereto sealed.
(2) Any person convicted of a disorderly persons offense or a petty disorderly persons offense under the laws of this State, who for a period of three years from the date of his last conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, has not been convicted of any subsequent crime, whether in this State or any other jurisdiction, or of any other disorderly persons or petty disorderly persons offenses, and no charges are currently pending, may present a duly verified petition to the Superior Court in the county or counties in which each conviction was entered seeking to have each conviction involving a disorderly persons offense or a petty disorderly persons offense and all records and information related thereto sealed.
(3) A person found guilty of violating a municipal ordinance of any governmental entity of this State who, for a period of one year from the date of his last conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, has not been convicted of any subsequent crime whether in this State or any other jurisdiction, or of any other disorderly persons or petty disorderly persons offenses or violations of a municipal ordinance, and no charges are currently pending, may present a duly verified petition to the Superior Court in the county or counties in which each conviction was entered seeking to have each conviction involving a municipal ordinance violation, and all records and information related thereto sealed.
c. Petition for seal. Every petition for a seal filed pursuant to this act shall be verified and include:
(1) Petitioner's date of birth;
(2) Petitioner's dates of arrest;
(3) The statute or statutes and offense or offenses for which petitioner was arrested and of which petitioner was convicted;
(4) The original indictment, summons or complaint number;
(5) Petitioner's date or dates of conviction, or date of disposition of the matter if no conviction resulted; and
(6) The court's disposition of the matter and the punishment imposed, if any.
d. There shall be attached to a petition for a seal a statement with the affidavit or verification that there are no disorderly persons, petty disorderly persons, criminal charges or municipal ordinance violations pending against the petitioner at the time of filing of the petition for a seal.
e. Upon the filing of a petition for relief pursuant to this act, the court shall, by order, fix a time for hearing of the matter.
f. A copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the rules of court upon 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 the judge of that court.
g. 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, and no reason appears to the contrary, 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 seal records of said disposition including evidence of arrest, detention, conviction and proceedings related thereto.
h. 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 this act.
i. A petition for expungement filed pursuant to this chapter shall be denied when any statutory prerequisite, including any provision of this act, is not fulfilled or there is any other statutory basis for denying relief.
j. 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 times as all pending criminal and or disorderly persons charges are adjudicated to finality.
k. Expungement of records sealed pursuant to the provisions of this section shall be governed by the applicable provisions of chapter 52 of Title 2C of the New Jersey Statutes.
2. Prior to the entry of an order to seal records as provided herein, the court shall inform the person orally and in writing that any conviction of a crime or offense within a five year period subsequent to the sealing shall have the effect of nullifying the sealing order, and can result in the imposition of double penalties for the subsequent offense. The petitioner shall be required to acknowledge receipt of this information.
3. This act shall take effect immediately.
STATEMENT
This bill would permit the sealing of criminal records in certain circumstances. Under the bill, sealing records means that all index references shall be marked "not available" or "no record" and law enforcement officers and departments shall reply and the person may reply to any inquiry that there is no record with respect to such person, except that records may be maintained for purposes of reestablishing a record of offenses in the event of a subsequent violation. Sealed records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets," judicial docket records, correctional, probation and parole records.
The bill provides that any person convicted of a crime of the third degree or a crime of the fourth degree, under the laws of this State, who for a period of five years from the date of his last conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, has not been convicted of any subsequent crime, whether in this State or any other jurisdiction, or of any other disorderly persons or petty disorderly persons offenses, and no charges are currently pending, may present a duly verified petition to the Superior Court in the county or counties in which each conviction was entered seeking to have each conviction involving a disorderly persons offense, a petty disorderly persons offense, a crime of the third degree or a crime of the fourth degree, and all records and information related thereto sealed. Petitions may be made after a period of three years for disorderly persons offenses and petty disorderly persons offense; and following a one year period for municipal ordinance violations.
Notice of the petition shall be provided to 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 the judge of that court.
Under the bill, prior to the entry of an order to seal records, the court shall inform the person orally and in writing that any conviction of a crime or offense within a five year period subsequent to the sealing shall have the effect of nullifying the sealing order, and can result in the imposition of double penalties for the subsequent offense.
The sponsor recognizes that sealing records does not have the effect of expungement, nor does the bill alter the requirements of the expungement statute. It is the sponsor's intent to provide offenders who have maintained a clean record for a significant period of time following their release from supervision the ability to seek employment opportunities without the need to make reference to past criminal involvement in certain instances.
Substantially similar provisions are available to juvenile offenders under the code of Juvenile Justice, N.J.S.A.2A:4A-62.
