New Jersey A 3521: Provides that criminal history record checks for employees of nonpublic schools are mandatory.

Bill Text

A3521 

ASSEMBLY, No. 3521 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman YVONNE LOPEZ

District 19 (Middlesex)

Assemblywoman ELIANA PINTOR MARIN

District 29 (Essex and Hudson)

Assemblywoman� ELLEN J. PARK

District 37 (Bergen)

Co-Sponsored by:

Assemblyman Venezia and Assemblywoman Murphy

SYNOPSIS

���� Provides expungement process for certain defendants 
who are victims of abuse if conviction is substantially related to abuse.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning expungement for certain defendants 
who are victims of abuse 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 
requirements of N.J.S.2C:52-2 and N.J.S.2C:52-3 or any other provision of law 
to the contrary, a person convicted of an offense or other violation of law, 
except for murder or a crime for which the defendant would be required to 
register as a sex offender pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2), 
may file a petition with the Superior Court in the county in which the person 
resides or a county in which one or more of the person�s convictions were 
adjudged at any time, in accordance with the Rules of Court, to have each 
conviction, finding of guilt, or, in the case of an offense committed while a 
juvenile, adjudication of delinquency expunged if:

���� (1) the person was a victim of 
domestic violence as that term is defined in subsection a. of section 3 of 
P.L.1991, c.261 (C.2C:25-19), or has otherwise been subjected to substantial 
physical, sexual, or psychological abuse; and 

���� (2)� the domestic violence or 
abuse was a contributing factor to the person�s conviction.

���� b. A person, if eligible, may 
present the expungement application immediately following the person�s most 
recent conviction, payment of any court-ordered financial assessment, 
satisfactory completion of probation or parole, or release from incarceration, 
whichever is later.� The application may include any other prior disposition 
which the person is seeking to expunge, regardless of where that prior 
disposition occurred. 

���� c.��� (1) The court may 
expunge any conviction, finding of guilt, or adjudication of delinquency 
pursuant to this section if it finds by a preponderance of the evidence that 
the person:

���� (a) was a victim of domestic 
violence as that term is defined in subsection a. of section 3 of P.L.1991, 
c.261 (C.2C:25-19), or was otherwise subjected to substantial physical, sexual, 
or psychological abuse; and 

���� (b)� the domestic violence or 
abuse was a contributing factor to the person�s conviction.

���� (2)� In determining whether to 
order expungement, the court shall consider all relevant circumstances, and 
shall take judicial notice of any evidence, testimony, or information adduced 
at the trial, plea hearing, or other court proceedings including, but not 
limited to:

���� (a) court records; 

���� (b) social services records; 

���� (c) presentencing reports;

���� (d) hospital records; 

���� (e) sworn statements from a 
witness of the domestic violence who is not the defendant; 

���� (f) criminal records; 

���� (g) domestic violence incident 
reports; 

���� (h) protective orders; 

���� (i) verification of 
consultation with a licensed medical care provider or mental health care 
provider; 

���� (j) testimony or a sworn 
statement from a trained professional staff member of a victim services 
organization, an attorney, a member of the clergy, a health care professional, 
or other professional from whom the person has sought assistance in addressing 
the trauma associated with being a victim, or a victim of any of the underlying 
cases which the petitioner is seeking to expunge; 

���� (k) Department of Corrections 
records;

���� (l) other grounds for denial 
in accordance with N.J.S.2C:52-14; and

���� (m) any other evidence the 
court deems relevant.

���� d.��� An expungement ordered 
pursuant to this section shall have the same force and effect as an expungement 
ordered pursuant to N.J.S.2C:52-1 et seq. and section 9 of P.L.1994, c.136 
(C.53:1-20.25), as applicable.

���� 2.��� This act shall take 
effect upon the enactment into law of 
P.L. , c. (C. ) 
(pending before the Legislature as Assembly Bill No. A5968 of 2024-2025).

STATEMENT

����� This bill provides an expungement process for 
certain defendants, who are victims of domestic violence or substantial abuse, 
if the conviction to be expunged is substantially related to the domestic 
violence or abuse.� Specifically, the bill provides that a person convicted of 
an offense or other violation of law, except for murder or a crime for which 
the defendant would be required to register as a sex offender under Megan�s 
Law, may file an application with th