Sponsored by:
Assemblywoman ELIZABETH MAHER MUOIO
District 15 (Hunterdon and Mercer)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblyman JERRY GREEN
District 22 (Middlesex, Somerset and Union)
Assemblyman NICHOLAS CHIARAVALLOTI
District 31 (Hudson)
Assemblyman JAMEL C. HOLLEY
District 20 (Union)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Lampitt, Assemblyman Conaway, Assemblywomen Quijano and McKnight
SYNOPSIS
Decreases waiting period to expunge entire juvenile record from five to three years.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning expungement of adjudications of juvenile delinquency and amending P.L.1980, c.163.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1980, c.163 (C.2C:52-4.1) is amended to read as follows:
1. a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows:
(1) Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult;
(2) Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or
(3) Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.
For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.
b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:
(1) [Five] Three years have elapsed since the final discharge of the person from legal custody or supervision or [5] three years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the [five-year] three-year period for purposes of this paragraph;
(2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the [5] three years prior to the filing of the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the [five-year] three-year period for purposes of this paragraph;
(3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;
(4) He has never had an adult conviction expunged; and
(5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.
c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6.
(cf: P.L.2009, c.188, s.2)
2. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill reduces the waiting period for expungement of an entire juvenile criminal record from five to three years.
Under current law, a person’s juvenile record may qualify for complete expungement if: (1) five years have passed since the person was discharged from custody, supervision, or the provisions of a court order; (2) the person has not been adjudicated delinquent, subject to supervision, or convicted of a crime or disorderly persons offense during that five-year period; (3) a juvenile or criminal matter is not pending against the person; (4) the person was not adjudicated delinquent for certain enumerated serious offenses; (5) the person has not had an adult conviction expunged; and (6) the person has not been charged with an adult crime that was dismissed after completing a treatment or diversion program. Post-incarceration supervision is not included when calculating the five-year waiting periods.
The enumerated offenses for which an adjudication of delinquency bars complete expungement under current law include: criminal homicide; kidnapping; luring or enticing; human trafficking; certain crimes of sexual assault and criminal sexual contact; criminal restraint or false imprisonment under certain circumstances; robbery; arson; endangering the welfare of a child; causing or permitting a child to engage in a prohibited sexual act; certain crimes concerning sexual exploitation or abuse of a child; perjury; false swearing; knowingly promoting the prostitution of the actor's child; terrorism; producing or possessing chemical weapons; and certain crimes concerning sale or distribution of controlled dangerous substances.
Under the bill, persons with a juvenile delinquency record would only have to wait three years, rather than five years, to elapse from the time they were released from custody or supervision to apply for expungement of their entire record.