S131

An Act concerning expungement of criminal records, amending N.J.S.2C:52-32 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. (New section) 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 petition may be filed and presented, and the court may grant an expungement pursuant to this section where the court finds that:

(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 are for crimes that occurred within a single 90 day period and arose out of a single course of conduct; 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, at any time when the person was older than 21 years of age;

(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:52-14 .

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. Records of conviction for those crimes enumerated in subsection b. of N.J.S.2C:52-2 shall not be subject to expungement, 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:52-2.

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

2C:52-32 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.

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

3. This act shall take effect immediately and shall apply to petitions for expungement filed on and after the effective date.

STATEMENT

This bill would, in certain circumstances, permit a court to expunge a criminal record of a person who has committed more than one crime. This bill is intended to give certain offenders an opportunity to expunge a criminal record, even if more than one crime was committed, if the crimes were committed during one period of poor judgment during the person’s youth. Under current law, set out in N.J.S.A.2C:52-1 et seq., an adult offender who committed more than one crime is not permitted to have a criminal record expunged.

The bill provides that a person who 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 or been adjudged a disorderly person or petty disorderly person on more than two occasions, 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, petition to have all records and information pertaining to those convictions expunged. Under the bill the court could grant relief if:

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

(2) the convictions covered in the expungement petition are for crimes that occurred within a single 90 day period and arose out of a single course of conduct; and

The bill adds qualifying language providing that an expungement granted under the bill must be 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 that such expungement would not be denied under the provisions of N.J.S.A.2C:52-14. Under N.J.S.A.2C:52-14, a petition for expungement under N.J.S.A.2C:52-1 et seq. shall be denied if, among other circumstances, the need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in Chapter 52 of Title 2C; if the arrest or conviction sought to be expunged is the subject matter of civil litigation between the petitioner and any governmental entity; or if the person has had a previous criminal conviction expunged.

Under this bill, although subsequent convictions for no more than two prior or subsequent crimes or two disorderly persons or petty disorderly persons offenses would not be an absolute bar to relief, the court would be required to consider the nature of those convictions and the circumstances surrounding them and could deny of relief if the court finds that expungement would not be in the public interest. The court would also be required to consider the applicant’s character and conduct since the convictions.

Records of conviction of any of the crimes enumerated in subsection b. of N.J.S.A.2C:52-2 would not be subject to expungement. The bill provides that a person would also not be eligible for expungement for any criminal conviction if he has been convicted at any time of a crime enumerated subsection b. of N.J.S.A.2C:52-2. The enumerated crimes include, among others, criminal homicide, except death by auto as specified in section 2C:11-5; kidnapping; luring or enticing; human trafficking; aggravated sexual assault; sex crimes against minors; robbery; arson; and terrorism.

The bill adds a new section 2 to the bill which would amend N.J.S.A.2C:52-32, regarding the construction of the expungement laws, to clarify that the bill should 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.”

In addition, the bill makes clarifying language changes in paragraphs (2) and (3) of subsection a. of section 1 of the bill.