Sponsored by:
Senator NIA H. GILL
District 34 (Essex and Passaic)
SYNOPSIS
Provides for automatic expungement of records of certain juveniles adjudicated delinquent for engaging in prostitution.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the expungement of certain offenses committed by juveniles and supplementing 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, N.J.S.2C:52-3, and section 1 of P.L.1980, c.163 (C.2C:52-4.1), a person who was adjudged a juvenile delinquent for an act which, if committed by an adult, would constitute the disorderly persons offense or the fourth degree crime of engaging in prostitution pursuant to paragraph (8) of subsection b. of N.J.S.2C:34-1 shall have his adjudication and all records and information pertaining thereto automatically expunged by the Superior Court in the county in which the adjudication was entered under the circumstances set out in subsection b. of this section.
b. The adjudication, records and information shall be automatically expunged after the expiration of a period of five years in the case of an adjudication for an act which, if committed by an adult, would constitute the fourth degree crime of engaging in prostitution, or after the expiration of a period of three years in the case of an adjudication for an act which, if committed by an adult, would constitute the disorderly persons offense of engaging in prostitution, from the date of the person's adjudication, payment of fine, satisfactory completion of legal custody or supervision or release from incarceration, whichever is later, if the person 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.
2. The Supreme Court may promulgate rules to effectuate the provisions of this act.
3. This act shall take effect immediately and shall apply to arrests and convictions which occurred prior to, and which occur subsequent to, the effective date.
STATEMENT
This bill would provide that under certain circumstances juvenile records would be automatically expunged if the juvenile was adjudicated delinquent for an act which, if committed by an adult, would constitute the offense of engaging in prostitution by personally offering sexual activity in exchange for something of economic value. This offense, which is set out in paragraph (8) of subsection b. of N.J.S.2C:34-1, constitutes a disorderly persons offense if committed by an adult. A second or subsequent offense is a crime of the fourth degree if committed by an adult.
A juvenile adjudicated delinquent on this basis is not convicted of a crime or disorderly persons offense, but is subject to the sanctions in the "New Jersey Code of Juvenile Justice," N.J.S.A.2A:4A-20 et seq. Dispositions under the Code vary depending on the circumstances and include, among others, the release of the juvenile to the supervision of his parent or guardian, parole, community service, or incarceration.
It is the view of the sponsor that because many juveniles adjudicated delinquent for engaging in prostitution have been exploited or coerced into this activity, the automatic expungement of juvenile records may be appropriate under certain circumstances.
Under the bill, juvenile records would be automatically expunged after the expiration of a period of five years in the case of an adjudication for an act which, if committed by an adult, would constitute the fourth degree crime of engaging in prostitution pursuant to paragraph (8) of subsection b. of N.J.S.2C:34-1. Records would be automatically expunged after the expiration of a period of three years in the case of an adjudication for an act which, if committed by an adult, would constitute the disorderly persons offense of engaging in prostitution pursuant to paragraph (8) of subsection b. of N.J.S.2C:34-1. This five-year or three-year time period would be measured from the date of the person's adjudication, payment of fine, satisfactory completion of legal custody or supervision 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.
Currently, N.J.S.A.2C:52-4.1 provides that a person adjudged a juvenile delinquent may apply to the court to have the adjudication expunged.
Under current law, in the case of an adjudication for an act which would constitute a disorderly persons or petty disorderly persons offense, five years must have elapsed since the date of adjudication, payment of fine, completion or probation or release from incarceration, whichever is later, and the person must not have been convicted of any prior or subsequent crime or of another three disorderly or petty disorderly persons offenses. In the case of an adjudication for an act which would constitute a crime, generally 10 years must have elapsed and the person must not have been convicted of any prior or subsequent crime or more than two disorderly or petty disorderly persons offenses. Under the provisions of P.L.2009, c.188 which amended N.J.S.A.2C:52-4.1 this 10-year period may be relaxed under certain circumstances.