New Jersey A 611: Bars the denial of expungement application in certain instances.

Bill Text

(Sponsorship Updated As Of: 4/4/2024)
ASSEMBLY, No. 611

STATE OF NEW JERSEY
221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)

SYNOPSIS
Bars the denial of expungement application in certain instances.

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.

A611 SUMTER, REYNOLDS-JACKSON
2

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning expungement in certain instances and amending 1
N.J.S.2C:52-14. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. N.J.S.2C:52-14 is amended to read as follows: 7
2C:52-14. A petition for expungement filed pursuant to this 8
chapter shall be denied when: 9
a. Any statutory prerequisite, including any provision of this 10
chapter, is not fulfilled or there is any other statutory basis for 11
denying relief. 12
b. The need for the availability of the records outweighs the 13
desirability of having a person freed from any disabilities as 14
otherwise provided in this chapter. An application may be denied 15
under this subsection only following objection of a party given 16
notice pursuant to N.J.S.2C:52-10 and the burden of asserting such 17
grounds shall be on the objector. 18
c. In connection with a petition under N.J.S.2C:52-6, the 19
acquittal, discharge or dismissal of charges resulted from a plea 20
bargaining agreement involving the conviction of other charges. 21
This bar, however, shall not apply once the conviction is itself 22
expunged. 23
d. The arrest or conviction sought to be expunged is, at the 24
time of hearing, the subject matter of civil litigation between the 25
petitioner or his legal representative and the State, any 26
governmental entity thereof or any State agency and the 27
representatives or employees of any such body. This subsection 28
shall not apply when the person is seeking the expungement of 29
records pursuant to N.J.S.2C:52-6. 30
e. Except as set forth in subsection a. of section 7 of P.L.2019, 31
c.269 (C.2C:52-5.3) concerning a "clean slate" expungement 32
petition, the person has had a previous criminal conviction 33
expunged regardless of the lapse of time between the prior 34
expungement, or sealing under prior law, and the present petition. 35
This provision shall not apply: 36
(1) When the person is seeking the expungement of a municipal 37
ordinance violation or, 38
(2) When the person is seeking the expungement of records 39
pursuant to N.J.S.2C:52-6. 40
f. (Deleted by amendment, P.L.2017, c.244) 41
(cf:P.L.2019, c.269, s.12) 42
43
2. This act shall take effect immediately. 44

A611 SUMTER, REYNOLDS-JACKSON
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STATEMENT 1
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The statutory grounds for denial of an application for 3
expungement are enumerated in N.J.S.2C:52-14. Subsection d. of 4
N.J.S.2C:52-14 directs that a petition for expungement shall be 5
denied when the arrest or conviction sought to be expunged is, at 6
the time of hearing, the subject matter of civil litigation between the 7
petitioner or his legal representative and the State, any 8
governmental entity thereof or any State agency and the 9
representatives or employees of any such body. 10
This bill amends subsection d. of N.J.S.2C:52-14 to bar the 11
denial of relief in cases that qualify for relief under N.J.S.2C:52-6. 12
N.J.S.2C:52-6 is concerned with an arrest or charge that does not 13
result in a conviction, and permits a person against whom charges 14
are dismissed to apply for an expungement. 15
In dismissal-based expungement cases, the ability to obtain an 16
expungement does not need to be impacted by whether or not a civil 17
action is pending, since the ability to file for an expungement is 18
expressly permitted at the time of the dismissal of charges, and 19
access to expunged records remains available even after an 20
expungement is granted, for good cause shown. 21