2C new expungement statute
1.
N.J.S.2C:52-2 is amended to read as follows:
Indictable offenses.
2C:52-2. Indictable
Offenses.
a. In all cases, except as herein provided, a person
may present an expungement application to the Superior Court pursuant to this
section if:
the person has been
convicted of one crime under the laws of this State, and does not otherwise
have any prior or subsequent conviction for another crime, whether within this
State or any other jurisdiction; or
the person has been
convicted of one crime and less than four disorderly persons or petty
disorderly persons offenses under the laws of this State, and does not
otherwise have any prior or subsequent conviction for another crime, or any
prior or subsequent conviction for another disorderly persons or petty
disorderly persons offense such that the total number of convictions for
disorderly persons and petty disorderly persons offenses would exceed three,
whether any such crime or offense conviction was within this State or any other
jurisdiction; or
the person has been
convicted of multiple crimes or a combination of one or more crimes and one or
more disorderly persons or petty disorderly persons offenses under the laws of
this State, all of which are listed in a single judgment of conviction, and
does not otherwise have any prior or subsequent conviction for
another crime or offense in addition to those convictions included
in the expungement application, whether any such conviction was within this
State or any other jurisdiction; or
the person has been
convicted of multiple crimes or a combination of one or more crimes and one
or more disorderly persons or petty disorderly persons offenses under the laws
of this State, which crimes or combination of crimes and offenses were
interdependent or closely related in circumstances and were committed as
part of a sequence of events that took place within a comparatively short
period of time, regardless of the date of conviction or sentencing for each
individual crime or offense, and the person does not otherwise have any
prior or subsequent conviction for another crime or offense in addition to
those convictions included in the expungement application, whether any such
conviction was within this State or any other jurisdiction.
The person, if
eligible, may present the expungement application after the expiration of a
period of six years from the date of his most recent conviction, payment of
fine, satisfactory completion of probation or parole, or release from
incarceration, whichever is later. The term “fine” as used herein and
throughout this section means and includes any fine, restitution, and other
court-ordered financial assessment imposed by the court as part of the sentence
for the conviction, for which payment of restitution takes precedence in
accordance with chapter 46 of Title 2C of the New Jersey Statutes. The
person shall submit the expungement application to the Superior Court in the
county in which the conviction for the crime was adjudged, which contains a
separate, duly verified petition as provided in N.J.S.2C:52-7 for each conviction
sought to be expunged, praying that the conviction, or convictions if
applicable, and all records and information pertaining thereto be expunged.
The petition for each conviction appended to an application shall comply with
the requirements set forth in N.J.S.2C:52-1 et seq.
Notwithstanding the
provisions concerning the six-year time requirement, if a fine which is
currently subject to collection under the comprehensive enforcement program
established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied
due to reasons other than willful noncompliance, but the time requirement of
six years is otherwise satisfied, the person may submit the expungement
application and the court may grant an expungement, provided, however, that if
expungement is granted under this paragraph, the court shall provide for the
continued collection of any outstanding amount owed that is necessary to satisfy
the fine or the entry of civil judgment for the outstanding amount in
accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1).
Additionally, an
application may be filed and presented, and the court may grant an expungement
pursuant to this section, although less than six years have expired in
accordance with the time requirements when the court finds:
(1) the
fine is satisfied but less than six years have expired from the date of
satisfaction, and the time requirement of six years 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 but less than six years have expired from the date of the most
recent conviction, payment of fine, satisfactory completion of probation or
parole, or release from incarceration, whichever is later; and
the person has not
been otherwise convicted of a crime, disorderly persons offense, or petty
disorderly persons offense since the time of the most recent conviction; and
the court finds in its discretion that expungement is in the public interest,
giving due consideration to the nature of the offense or offenses, and the
applicant's character and conduct since the conviction or convictions.
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 or offenses, the person's financial
condition and other relevant circumstances regarding the person's ability to
pay.
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: N.J.S.2C:11-1 et seq. (Criminal Homicide),
except death by auto as specified in N.J.S.2C:11-5 and strict liability
vehicular homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3);
N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or
Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking);
N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); subsection a. of
N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the victim is a minor,
subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if the victim is a
minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal
Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery);
N.J.S.2C:17-1 (Arson and Related Offenses); subsection a. of N.J.S.2C:24-4
(Endangering the welfare of a child by engaging in sexual conduct which would
impair or debauch the morals of the child, or causing the child other harm);
paragraph (4) of subsection b. of N.J.S.2C:24-4 (Photographing or filming a
child in a prohibited sexual act or for portrayal in a sexually suggestive
manner); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting
a child to engage in a prohibited sexual act or the simulation of an act, or to
be portrayed in a sexually suggestive manner); subparagraph (a) of paragraph
(5) of subsection b. of N.J.S.2C:24-4 (Distributing, possessing with intent to
distribute or using a file-sharing program to store items depicting the sexual
exploitation or abuse of a child); subparagraph (b) of paragraph (5) of
subsection b. of N.J.S.2C:24-4 (Possessing or viewing items depicting the
sexual exploitation or abuse of a child); section 8 of P.L.2017, c.141
(C.2C:24-4.1) (Leader of a child pornography network); N.J.S.2C:28-1 (Perjury);
N.J.S.2C:28-2 (False Swearing); paragraph (4) of subsection b. of N.J.S.2C:34-1
(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 involve:
(1)
Marijuana, where the total quantity sold, distributed or possessed with intent
to sell was less than one ounce;
(2)
Hashish, where the total quantity sold, distributed or possessed with intent to
sell was less than five grams; or
(3) Any
controlled dangerous substance provided that the conviction is of the third or
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.
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.
P.L.2017, CHAPTER 244, approved December 20, 2017
Senate, No. 3307
2.
N.J.S.2C:52-3 is amended to read as follows:
Disorderly persons offenses and petty
disorderly persons offenses.
2C:52-3. Disorderly
persons offenses and petty disorderly persons offenses.
a. Any person who has been convicted of one or more
disorderly persons or petty disorderly persons offenses under the laws of this
State who has not been convicted of any crime, whether within this State or any
other jurisdiction, may present an expungement application to the Superior
Court pursuant to this section. Any person who has been convicted of one
or more disorderly persons or petty disorderly persons offenses under the laws
of this State who has also been convicted of one or more crimes shall not
be eligible to apply for an expungement pursuant to this section, but may
present an expungement application to the Superior Court pursuant to
N.J.S.2C:52-2.
b.
Any person who has been convicted of one or more disorderly persons or petty
disorderly persons offenses under the laws of this State who has not been
convicted of any crime, whether within this State or any other jurisdiction,
may present an expungement application to the Superior Court pursuant to this
section if:
the person has been
convicted, under the laws of this State, on the same or separate occasions of
no more than four disorderly persons offenses, no more than four petty
disorderly persons offenses, or a combination of no more than four disorderly
persons and petty disorderly persons offenses, and the person does not
otherwise have any prior or subsequent conviction for a disorderly persons or
petty disorderly persons offense, whether within this State or any other
jurisdiction, such that the total number of convictions for disorderly persons
and petty disorderly persons offenses would exceed four; or
the person has been
convicted of multiple disorderly persons offenses or multiple petty disorderly
persons offenses under the laws of this State, or a combination of multiple
disorderly persons and petty disorderly persons offenses under the laws of this
State, which convictions were entered on the same day, and does not otherwise
have any prior or subsequent conviction for another offense in addition to
those convictions included in the expungement application, whether any such
conviction was within this State or any other jurisdiction; or
the person has been
convicted of multiple disorderly persons offenses or multiple petty disorderly
persons offenses under the laws of this State, or a combination of multiple
disorderly persons and petty disorderly persons offenses under the laws of this
State, which offenses or combination of offenses were interdependent or closely
related in circumstances and were committed as part of a sequence of events
that took place within a comparatively short period of time, regardless of the
date of conviction or sentencing for each individual offense, and the person
does not otherwise have any prior or subsequent conviction for another offense in
addition to those convictions included in the expungement application, whether
within this State or any other jurisdiction.
The person, if
eligible, may present the expungement application after the expiration of a
period of five years from the date of his most recent conviction, payment of
fine, satisfactory completion of probation or release from incarceration,
whichever is later. The term “fine” as used herein and throughout this
section means and includes any fine, restitution, and other court-ordered
financial assessment imposed by the court as part of the sentence for the
conviction, for which payment of restitution takes precedence in accordance
with chapter 46 of Title 2C of the New Jersey Statutes. The person shall
submit the expungement application to the Superior Court in the county in which
the most recent conviction for a disorderly persons or petty disorderly persons
offense was adjudged, which contains a separate, duly verified petition as
provided in N.J.S.2C:52-7 for each conviction sought to be expunged, praying
that the conviction, or convictions if applicable, and all records and
information pertaining thereto be expunged. The petition for each
conviction appended to an application shall comply with the requirements of
N.J.S.2C:52-1 et seq.
Notwithstanding the
provisions of the five-year time requirement, an application may be filed and
presented, and the court may grant an expungement pursuant to this section,
when the court finds:
(1) the
fine is satisfied but less than five years have expired from the date of
satisfaction, and the five-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 three but less than five years have expired from the date of the most
recent conviction, payment of fine, satisfactory completion of probation or
parole, or release from incarceration, whichever is later; and
the person has not
been otherwise convicted of a crime, disorderly persons offense, or petty
disorderly persons offense since the time of the most recent conviction; and
the court finds in its discretion that expungement is in the public interest,
giving due consideration to the nature of the offense or offenses, and the
applicant's character and conduct since the conviction or convictions.
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 or offenses, the person's financial
condition and other relevant circumstances regarding the person's ability to
pay.
3.
N.J.S.2C:52-5 is amended to read as follows:
Expungement of records of young drug
offenders.
2C:52-5. Expungement
of Records of Young Drug Offenders. Notwithstanding the provisions of
N.J.S.2C:52-2 and N.J.S.2C:52-3, after a period of not less than one year
following conviction, termination of probation or parole or discharge from
custody, whichever is later, any person convicted of an offense under chapter
35 or 36 of this title for the possession or use of a controlled dangerous
substance, convicted of violating P.L.1955, c.77, s.3 (C.2A:170-77.5), or
convicted of violating P.L.1962, c.113, s.1 (C.2A:170-77.8), and who at the
time of the offense was 21 years of age or younger, may apply to the Superior
Court in the county wherein the matter was disposed of for the expungement of
such person's conviction and all records pertaining thereto. The relief
of expungement under this section shall be granted only if said person has not,
prior to the time of hearing, violated any of the conditions of his probation
or parole, albeit subsequent to discharge from probation or parole, has not
been convicted of any previous or subsequent criminal act or any subsequent or
previous violation of chapter 35 or 36 of this title or of P.L.1955, c.277, s.3
(C.2A:170-77.5) or of P.L.1962, c.113, s.1 (C.2A:170-77.8), or who has not had
a prior or subsequent criminal matter dismissed because of acceptance into a
supervisory treatment or other diversion program.
This section shall
not apply to any person who has been convicted of the sale or distribution of a
controlled dangerous substance or possession with the intent to sell any
controlled dangerous substance except:
(1)
Marihuana, where the total sold, distributed or possessed with intent to sell
was less than one ounce, or
(2)
Hashish, where the total amount sold, distributed or possessed with intent to
sell was less than five grams.
4.
N.J.S.2C:52-8 is amended to read as follows:
Statements to accompany petition.
2C:52-8. Statements to accompany petition. There
shall be attached to a petition for expungement:
a. A statement with the affidavit or verification that
there are no disorderly persons, petty disorderly persons or criminal charges
pending against the petitioner at the time of filing of the petition for
expungement.
b.
In those instances where the petitioner is seeking the expungement of a
criminal conviction, or the expungement of convictions pursuant to
N.J.S.2C:52-3 for multiple disorderly persons or petty disorderly persons
offenses, all of which were entered the same day, or which were interdependent
or closely related in circumstances and were committed as part of a sequence of
events that took place within a comparatively short period of time, a statement
with affidavit or verification that he has never been granted expungement,
sealing or similar relief regarding a criminal conviction or convictions for
multiple disorderly persons or petty disorderly persons offenses, all of which
were entered the same day, or which were interdependent or closely related in
circumstances and were committed as part of a sequence of events that took
place within a comparatively short period of time by any court in this State or
other state or by any Federal court. "Sealing" refers to the relief
previously granted pursuant to P.L.1973, c.191 (C.2A:85-15 et seq.).
c. In those instances where a person has received a
dismissal of a criminal charge because of acceptance into a supervisory
treatment or any other diversion program, a statement with affidavit or
verification setting forth the nature of the original charge, the court of
disposition and date of disposition.
5.
N.J.S.2C:52-14 is amended to read as follows:
Grounds for denial of relief.
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 N.J.S.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 N.J.S.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 N.J.S.2C:52-6.
f. (Deleted by amendment, P.L.2017, c.244)
6.
N.J.S.2C:52-15 is amended to read as follows:
Records to be removed, retained as
confidential; control.
2C:52-15. a. Except
as provided in subsection b. of this section, if an order of expungement of
records of arrest or conviction under this chapter is granted by the court, all
the records specified in said order shall be removed from the files of the
agencies which have been noticed of the pendency of petitioner's motion and
which are, by the provisions of this chapter, entitled to notice, and shall be
placed in the control of a person who has been designated by the head of each
such agency which, at the time of the hearing, possesses said records.
That designated person shall, except as otherwise provided in this chapter,
ensure that such records or the information contained therein are not released
for any reason and are not utilized or referred to for any purpose. In
response to requests for information or records of the person who was arrested
or convicted, all noticed officers, departments and agencies shall reply, with
respect to the arrest, conviction or related proceedings, which are the subject
of the order, that there is no record information.
b.
Records of the Probation Division of the Superior Court related to restitution,
a fine, or other court-ordered financial assessment that remains due at the
time the court grants an expungement may be retained as confidential,
restricted-access records in the Judiciary’s automated system to facilitate the
collection and distribution of any outstanding assessments by the comprehensive
enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) as
ordered by the court. The Administrative Director of the Courts shall
ensure that such records are not released to the public. Such records
shall be removed from the Judiciary’s automated system upon satisfaction of
court-ordered financial assessments or by order of the court.
7. N.J.S.2C:52-18
is amended to read as follows:
Supplying information to Violent Crimes
Compensation Office.
2C:52-18. Information
contained in expunged records may be supplied to the Violent Crimes
Compensation Office, in conjunction with any claim, which has been filed with
said office.
C.2C:52-23.1 Use of expunged records;
nullification.
8. a. Notwithstanding any provision in this act to the contrary, expunged
records may be used by the comprehensive enforcement program established
pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) to collect restitution, fines and
other court-ordered financial assessments that remain due at the time an
expungement is granted by the court. Information regarding the nature of
such financial assessments or their derivation from expunged criminal
convictions shall not be disclosed to the public. Any record of a civil
judgment for the unpaid portion of court-ordered financial obligations that may
be docketed after the court has granted an expungement of the underlying
criminal conviction shall be entered in the name of the Treasurer, State of New
Jersey. The State Treasurer shall thereafter administer such judgments in
cooperation with the comprehensive enforcement program without disclosure of
any information related to the underlying criminal nature of the assessments.
b.
The court, after providing appropriate due process, may nullify an expungement
granted to a person pursuant to subsection a. of N.J.S.2C:52-2 if the person
willfully fails to comply with an established payment plan or otherwise
cooperate with the comprehensive enforcement program to facilitate the collection
of any outstanding restitution, fines, and other court-ordered assessments,
provided that prior to nullifying the expungement the person shall be afforded
an opportunity to comply with or restructure the payment plan, or otherwise
cooperate to facilitate the collection of outstanding restitution, fines, and
other court-ordered assessments. In the event of nullification, the court
may restore the previous expungement granted if the person complies with the
payment plan or otherwise cooperates to facilitate the collection of any
outstanding restitution, fines, and other court-ordered assessments.
9.
This act shall take effect on the first day of the tenth month next following
enactment.
Approved December 20,
2017.