Bill Text: NJ S1953 | 2010-2011 | Regular Session | Amended

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Bill Title: Revises eligibility for expungement of criminal records for certain youthful offenders.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-09-23 - Referred to Senate Budget and Appropriations Committee [S1953 Detail]

Download: New_Jersey-2010-S1953-Amended.html

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[First Reprint]

SENATE, No. 1953

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 20, 2010

 

 

Sponsored by:

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Morris and Somerset)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

 

 

 

 

SYNOPSIS

     Revises eligibility for expungement of criminal records for certain youthful offenders.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Judiciary Committee on September 23, 2010, with amendments.

  

An Act concerning expungement of criminal records¹, amending N.J.S.2C:52-32¹ 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. Notwithstanding the provisions of N.J.S.2C:52-2 and N.J.S.2C:52-32 to the contrary, where a person has been convicted of a crime under the laws of this State, but has not been convicted of more than two prior or subsequent crimes and has not been adjudged a disorderly person or petty disorderly person on more than two occasions, whether within this State or any other jurisdiction, that person 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 N.J.S.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. A ¹petition may be filed and presented, and the¹ court may grant ¹[such petition] an expungement pursuant to this section¹ where the court finds ¹that¹:

     (1)   the convictions covered in the relevant expungement petition were of crimes that occurred when the petitioner was at least 18 years of age, but was not more than 21 years of age;

     (2)   the convictions covered in the relevant expungement petition ¹are for crimes that¹ occurred within a single 90 day period ¹[or] and¹ arose out of a single ¹[set of circumstances] course of conduct¹; and

     (3)   the person has not been convicted of a crime or been adjudged a disorderly person or petty disorderly person, whether within this State or another jurisdiction, ¹[after reaching] at any time when the person  was older than¹ 21 years of age¹;

     (4) ordering the expungement is consistent with the public interest, giving due regard to the nature and circumstances of the offenses, the public safety, and the applicant's character and conduct since the time of the convictions; and

     (5)  expungement should not be denied pursuant to N.J.S.2C:52-14¹ .

     Although subsequent convictions for no more than two prior or subsequent crimes or two disorderly person or petty disorderly person offenses shall not be an absolute bar to relief, the nature of those convictions and the circumstances surrounding them shall be
considered by the court and may be a basis for denial of relief if the court finds that expungement would not be in the public interest.  In making its determination the court shall also consider the applicant's character and conduct since the convictions.

     b.    ¹[Notwithstanding the foregoing, records] Records¹ of conviction for those crimes enumerated in subsection b. of N.J.S.2C:52-2 shall not be subject to expungement ¹, nor shall a person be eligible for expungement under this section for any criminal conviction if he has been convicted at any time of a crime enumerated in subsection b. of N.J.S.2C:52-2¹.

 

     ¹2.   N.J.S.2C:52-32 is amended to read as follows:

     Construction. This chapter and section 1 of P.L.  , c.   (C.   ) (pending before the Legislature as this bill) 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 expunging their police and criminal records.¹

(cf: P.L.1979, c.178, s.139)

 

     ¹[2.] 3.¹  This act shall take effect immediately and shall apply to petitions for expungement filed on and after the effective date.