S3307

An Act revising procedures for expunging criminal and other records and information, amending various parts of the statutory law 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. N.J.S.2C:52-2 is amended to read as follows:

2C:52-2. Indictable Offenses.

a. In all cases, except as herein provided, [wherein] a person may present an expungement application to the Superior Court pursuant to this section if:

the person has been convicted of a crime under the laws of this State [and who has not] or a combination of one crime and less than four disorderly persons or petty disorderly persons offenses under the laws of this State which were not closely related in circumstances or in time, provided that the person has not otherwise been convicted of any prior or subsequent crime, or any prior or subsequent disorderly persons or petty disorderly persons offense or offenses 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 [, and has not been convicted of a disorderly persons or petty disorderly persons offense on more than two occasions]; or

the person has been convicted of more than one crime under the laws of this State, or a combination of one or more crimes and disorderly persons or petty disorderly persons offenses under the laws of this State, which crimes or combination of crimes and offenses were closely related in circumstances or in time, and the person has not otherwise been convicted of any prior or subsequent crime or offense, whether within this State or any other jurisdiction.

The person, if eligible, may [,] present the expungement application after the expiration of a period of [10] six years from the date of his most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration [for that crime or for any disorderly persons or petty disorderly persons offense], whichever is later [, present an]. 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 [the criminal] each conviction sought to be expunged, [and may also contain additional duly verified petitions for no more than two convictions for any disorderly persons or petty disorderly persons offenses,] 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 of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, although less than [10] six years [has] have expired in accordance with the requirements of the preceding paragraph [where] when the court finds:

(1) less than [10] six years [has] have expired from the satisfaction of a fine, but the [ten-year] 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, provided that appropriate arrangements are in place for the person to satisfy any outstanding obligation to pay restitution to a victim; or

(2) less than six years have expired from the satisfaction of a fine, but at least five years [has] have expired from the date of [his] the most recent conviction, [payment of fine,] satisfactory completion of probation or parole, or release from incarceration, whichever is later, 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, provided that appropriate arrangements are in place for the person to satisfy any outstanding obligation to pay restitution to a victim; 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.

If the person qualifies for expungement under this subsection, but there remains an outstanding balance of restitution, a fine, or other court-ordered financial assessment ordered by the court as part of the sentence for a criminal conviction, the court shall provide for the continued collection of any outstanding restitution and may order the continued collection of other financial assessments in accordance with section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).

In determining whether compelling circumstances exist for the purposes of [paragraph] paragraphs (1) or (2) 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.

[Although subsequent convictions for no more than two disorderly or petty disorderly persons offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.]

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; 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); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual act); 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); 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 [25 grams or] less than one ounce;

(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was [five grams or] 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.

(cf: P.L.2015, c.261, s.2)

2. N.J.S.2C:52-3 is amended to read as follows:

2C:52-3. Disorderly persons offenses and petty disorderly persons offenses.

a. Any person who has been convicted of [a] one or more disorderly persons [offense] or petty disorderly persons [offense] offenses under the laws of this State who has not been convicted of any [prior or subsequent] 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 [a] one or more disorderly persons [offense] or petty disorderly persons [offense] offenses under the laws of this State who has also been convicted of [a prior or subsequent crime] 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 [a] one or more disorderly persons [offense] or petty disorderly persons [offense] offenses under the laws of this State who has not been convicted of any [prior or subsequent] crime, whether within this State or any other jurisdiction, [or who has not been convicted of a disorderly persons or petty disorderly persons offense on more than two other occasions,] may present an expungement application to the Superior Court pursuant to this section if:

the person has been convicted on 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, provided that the person has not otherwise been convicted of any additional prior or subsequent offenses, 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 offenses or combination of offenses were closely related in circumstances or in time, and the person has not otherwise been convicted of any prior or subsequent offense, 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 [for any disorderly persons or petty disorderly persons offense], whichever is later [, present an]. The person shall submit the expungement application to the Superior Court in the county in which the most recent conviction for [the most recent] 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 [the disorderly persons or petty disorderly persons] each conviction sought to be expunged, [and which may also contain additional duly verified petitions for no more than two other convictions for disorderly persons or petty disorderly persons offenses,] 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 preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, when the court finds:

(1) less than five years [has] have expired from the satisfaction of a fine, but 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, provided that appropriate arrangements are in place for the person to satisfy any outstanding obligation to pay restitution to a victim; or

(2) less than five years have expired from the satisfaction of a fine, but at least three years have expired from the date of [his] the most recent conviction, [payment of fine,] satisfactory completion of probation or parole, or release from incarceration, whichever is later, 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, provided that appropriate arrangements are in place for the person to satisfy any outstanding obligation to pay restitution to a victim; 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.

(cf: P.L.2015, c.261, s.3)

3. N.J.S.2C:52-5 is amended to read as follows:

2C:52-5. Expungement of Records of Young Drug Offenders. Notwithstanding the provisions of [sections] 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 chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L. 1955, c. 277, 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 chapters 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 [25 grams or] less than one ounce, or

(2) Hashish, where the total amount sold, distributed or possessed with intent to sell was [5 grams or] less than five grams.

(cf: P.L.1987, c.106, s.16)

4. N.J.S.2C:52-8 is amended to read as follows:

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 which were closely related in circumstances or in 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 which were closely related in circumstances or in 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.

(cf: N.J.S.2C:52-8)

5. N.J.S.2C:52-14 is amended to read as follows:

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 [section] 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 [section] N.J.S.2C:52-6.

f. [The person seeking the relief of expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense has prior to or subsequent to said conviction been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversion program.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.2009, c.188, s.3)

6. N.J.S.2C:52-15 is amended to read as follows:

2C:52-15. [If] 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, [insure] 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.

(cf: N.J.S.2C:52-15)

7. N.J.S.2C:52-18 is amended to read as follows:

2C:52-18. Information contained in expunged records may be supplied to the Violent Crimes Compensation [Board] Office, in conjunction with any claim which has been filed with said [board] office, or to the Administrative Office of the Courts in conjunction with the obligation to pay restitution to a victim.

(cf: N.J.S.2C:52-18)

8. (New Section) 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.

9. This act shall take effect on the first day of the third month next following enactment.

STATEMENT

This bill would revise procedures for expunging criminal and other records and information, including the shortening of certain waiting periods for expungement eligibility and increasing the number of convictions which may be expunged.

Under the bill, a person who has been convicted of a crime, or a combination of one crime and less than four disorderly persons or petty disorderly persons offenses which were not closely related in circumstances or in time would be eligible to seek expungement relief. Alternatively, the person could seek expungement relief if convicted of more than one crime or a combination of crimes and disorderly persons or petty disorderly persons offenses which were closely related in circumstances or in time. Under the current law, a person is generally limited to expunging one criminal conviction and up to two additional convictions for disorderly persons or petty disorderly persons offenses, and there is no ability to expunge a potentially higher number of convictions based on crimes or offenses that were closely related in circumstances or in time.

The bill would also decrease the standard time period, from 10 years to six years, before which a person with criminal convictions, or convictions for both crimes and offenses, could submit an expungement application to the Superior Court. There is a shorter waiting period of five years, unchanged by the bill, under which a person may seek the expungement of such convictions, if the person can show that it is in the public interest to permit the more expedited expungement.

While the above time periods are normally measured from the date of the most recent conviction, payment of fine, completion of probation or parole, or release from incarceration, whichever date is later in time, the bill would permit a person to proceed with either a standard or expedited, “public interest”-based expungement application if the applicable time period has not expired with respect to the satisfaction of a fine, but the time period for all other conditions is satisfied and appropriate arrangements are in place for the person to satisfy any outstanding obligation to pay restitution to a victim. The current law only permits the consideration of a standard expungement application by a person under such circumstances; there is no such consideration permitted on an expedited application, meaning the fine must be satisfied in full for a minimum of five years before a person may proceed with an expedited application.

With respect to criminal convictions for the sale, distribution, or possession with intent to sell marijuana or hashish, the bill amends the expungement law to establish general expungement eligibility as described above for a low-level offender consistent with how such an offender’s crime is graded under the State’s Criminal Code. This consistency would also apply to a young low-level offender (21 years of age or less at the time of the offense) who is granted special eligibility to make an expungement application after one year from the date of the conviction, termination of probation or parole, or discharge from custody, whichever date is later in time. Eligibility would be extended to all such convicted offenders when the crime is graded as a crime of the fourth degree, based on the amount of the drug being:

- less than one ounce of marijuana (the current law provides eligibility for a smaller amount, 25 grams (0.89 ounce) or less); or

- less than five grams (less than 0.17 ounce) of hashish (the current law provides eligibility for a slightly higher amount of five grams (0.17 ounce) or less).

The new amounts set forth in the bill are derived from the amounts used to grade the crime as a crime of the fourth degree under the State’s Criminal Code. See N.J.S.2C:35-5, subsection b., paragraph (12). As such, this would create a legal consistency between expungement law eligibility and grading under the Criminal Code, such that any fourth degree crime involving the sale, distribution, or possession with intent to sell marijuana or hashish would be generally eligible for expungement, and in the case of a young offender, the special eligibility for expungement after a one-year time period would consistently apply. This is not currently the case, because the amounts set forth in the expungement law are different than the amounts used to grade the crime.

The current difference in the amounts used for expungement eligibility and the grading of the crime causes fourth degree crimes involving marijuana weighing more than 25 grams (more than 0.89 ounce) to only be eligible for expungement if the person can prove it is in the public interest to permit the expungement (a burden not faced when the amount involved is less), and young offenders are not afforded special eligibility for expungement after a one-year period. Additionally, the current inconsistency permits more serious third degree crimes involving hashish (if the amount involved is five grams exactly) to be generally eligible without the heightened burden on the person to show that expungement is in the public interest, and third-degree young offenders may seek the relief of expungement after a one-year period. The bill’s proposed consistency between the expungement law and criminal grading would result in all fourth degree crimes and fourth degree young offenders being treated the same under the expungement law, and all third degree crimes and third degree young offenders being treated not just the same but subject to the more burdensome requirements concerning public interest proofs in order to obtain the relief of expungement.

If a person who qualifies for the expungement of one or more criminal convictions has an outstanding balance of restitution, a fine, or other court-ordered financial assessment ordered by the court as part of a criminal sentence, the court would provide for the continued collection of any outstanding restitution and could order the continued collection of court-ordered financial obligations through the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.). Once the person’s records and information was expunged, information regarding the nature of such financial assessments or their derivation from expunged criminal convictions would 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 an underlying criminal conviction would be entered in the name of the Treasurer, State of New Jersey. The State Treasurer would 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.

The bill also updates the expungement law with respect to a person who has only been convicted of one or more disorderly persons or petty disorderly persons offenses, mostly in a similar manner to the updates concerning a person who has been convicted of one or more crimes, or a combination of convictions for crimes and disorderly persons or petty disorderly persons offenses. A person would be eligible for expungement relief if the person has been convicted on 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. Alternatively, the person could seek expungement relief if convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses, or a combination of multiple disorderly persons and petty disorderly persons offenses, all of which were closely related in circumstances or in time. Under the current law, a person is limited to expunging no more than three convictions for disorderly persons or petty disorderly persons offenses, and there is no option to expunge a potentially higher number of such convictions based on offenses that were closely related in circumstances or in time.

The current standard waiting period of five years before seeking to expunge convictions for disorderly persons or petty disorderly persons offenses would remain, as would the waiting period of three years before seeking an expedited, “public interest”-based expungement. However, the expedited expungement application could be made if the three-year time period has not expired with respect to the satisfaction of a fine, but the time period for all other conditions of the conviction is satisfied and appropriate arrangements are in place for the person to satisfy any outstanding obligation to pay restitution to a victim. As with expungement applications that include criminal convictions, the current law only permits the consideration of a standard expungement application by a person who has not previously satisfied a fine; there is no such consideration permitted on an expedited application, meaning the fine must be satisfied in full for a minimum of three years before a person may proceed with an expedited application.

Finally, the bill would remove a bar on expungement eligibility for any person with one or more convictions for crimes, disorderly persons offenses, or petty disorderly persons offenses, who, prior or subsequent to the conviction or convictions for which expungement is sought had criminal charges dismissed following the completion of a supervisory treatment or other diversion program. The dismissal of criminal charges in such manner would no longer be an automatic bar to the person seeking and obtaining the relief of expungement. However, even if the person is successful in expunging any convictions, the expunged records would remain available for subsequent review for purposes of determining whether to grant or deny the person another entry into a supervisory treatment or diversion program for new charges. See N.J.S.2C:52-20 and 2C:52-27, subsection b.