New Jersey S 4310: Provides exception for Legal Services of New Jersey and other public interest organizations from confidentiality of certain eviction actions.

Bill Text

S4310 

SENATE, No. 4310 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

INTRODUCED MAY 21, 2026

Sponsored by:

Senator� JON M. BRAMNICK

District 21 (Middlesex, Morris, Somerset and Union)

Senator� RAJ MUKHERJI

District 32 (Hudson)

SYNOPSIS

���� Revises law concerning vacating court orders to 
expunge criminal records. 

CURRENT VERSION OF TEXT 

���� As introduced.

�� 

An Act concerning vacating orders of expungement and 
amending N.J.S.2C:52-26. 

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� N.J.S.2C:52-26 is 
amended to read as follows:

���� 2C:52-26.� Vacating of orders 
of sealing;� time;� basis

���� If, [within 5 years of] following 
the entry of an expungement order, a person who is the subject of the 
expungement order, or any party to whom notice is required to be given 
pursuant to section [2C:52-10] N.J.S.2C:52-10:

���� a.���� within five years 
of the entry of the expungement order, notifies the court which issued the 
order that at the time of the petition or hearing there were criminal, 
disorderly persons or petty disorderly persons charges pending against the 
person to whom the court granted such order, which charges were not� revealed 
to the court at the time of hearing of the original [motion] petition or that� there 
was some other statutory disqualification, said court shall vacate the� 
expungement order in question and reconsider the original [motion] petition 
in conjunction� with the previously undisclosed information; or

���� b.��� petitions to the 
court to vacate the expungement order, the court may, for good cause shown, 
vacate the expungement order and reconsider the original petition, regardless 
of the time that has lapsed since the entry of the expungement order.� For the 
purposes of this subsection, �good cause� shall include, but is not limited to:

���� (1) a change in the 
circumstances of the person to whom the court granted the order of expungement, 
which circumstances were not contemplated at the time the order was entered;

���� (2) it is determined that 
the person is ineligible for expungement;

���� (3) the person�s conviction 
for a crime or offense involving marijuana or hashish was expunged by operation 
of law pursuant to section 60 of P.L.2021, c.16 (C.2C:52-6.1);

���� (4)�� the person was 
convicted of a crime following the entry of the order of expungement; 

���� (5)�� the person previously 
filed a petition for, and was granted, post-conviction relief, or has a pending 
petition for post-conviction relief; or

���� (6) any other reason the 
court deems appropriate

���� c.���� In the filing of a 
petition pursuant to this section:

���� (1) unless otherwise 
ordered by the court, a petition filed by a party who is the subject of the 
expungement order may be filed in accordance with section 11 of P.L.2019, c.269 
(C.2C:52-10.1);

���� (2) a petition filed by a 
party who is not the subject of the expungement order shall be accompanied by 
proof of service upon the person who is the subject of the expungement order.

���� d.��� Any objection to a 
petition shall be filed within 60 days of the filing of the petition.� The 
court shall hold a hearing on the petition within 30 days of the filing an 
objection.� 

���� If no response is filed to 
a petition pursuant to this section within 60 days, the petition shall be 
deemed unopposed.� The court shall either schedule a hearing or issue a ruling 
on the petition within 120 days of the filing of the petition. 

(cf: P.L.1979, c. 178, s. 133)

���� 2. This act shall take effect 
immediately.

STATEMENT

���� This bill revises the law 
concerning vacating court orders to expunge criminal records.

���� Under current law, an 
authorized person may apply to the court to vacate an order of expungement.� 
Such application may be granted if: (1) the application is filed within five 
years of the entry of the order of expungement; and (2) the person notifies the 
court that at the time of the petition or hearing there were criminal, 
disorderly persons or petty disorderly persons charges pending against the 
person who was granted the expungement, which were not revealed to the court at 
the time of hearing of the original petition; or there was some other statutory 
disqualification.� If these requirements are met, the court will vacate the 
expungement order and reconsider the original petition in conjunction with the 
previously undisclosed information.

���� Under the bill, upon petition 
to the court by the petitioner or an authorized person, the court may also 
vacate an order of expungement and reconsider the original petition for good 
cause shown, regardless of the time that has lapsed since the entry of the 
order for expungement.� �Good cause� includes, but is not be limited to:

� 
a change in the circumstances of the person to whom the court 
granted the order of expungement, which circumstances were not contemplated at 
the time the order