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A1598
ASSEMBLY, No. 1598
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
���� Bars expungement of conviction, arrest, or charge if
crime or offense involved domestic violence.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning domestic violence and amending various parts
of the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. N.J.S.2C:52-6 is amended to
read as follows:
���� 2C:52-6.���� Arrests not
resulting in conviction.
���� a.����
[
When
]
Except as
provided in subsection e. of this section, when
a person has been arrested
or held to answer for a crime, disorderly persons offense, petty disorderly
persons offense, or municipal ordinance violation under the laws of this State
or of any governmental entity thereof and proceedings against the person were
dismissed, the person was acquitted, or the person was discharged without a
conviction or finding of guilt, the Superior Court shall, at the time of
dismissal, acquittal, or discharge, or, in any case set forth in paragraph (1)
of this subsection, order the expungement of all records and information
relating to the arrest.
���� (1)�� If proceedings took
place in municipal court, the municipal court shall follow procedures developed
by the Administrative Director of the Courts.�
���� (2)�� The provisions of
N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an expungement pursuant
to this subsection.
���� (3)�� An expungement under
this subsection shall not be ordered where the dismissal, acquittal, or
discharge resulted from a plea bargaining agreement involving the conviction of
other charges.� This bar, however, shall not apply once the conviction is
itself expunged.
���� (4)�� The court shall forward
a copy of the expungement order to the county prosecutor. The county prosecutor
shall promptly distribute copies of the expungement order to appropriate law
enforcement agencies and correctional institutions who have custody and control
of the records specified in the order so that they may comply with the
requirements of N.J.S.2C:52-15.
���� (5)�� An expungement related
to a dismissal, acquittal, or discharge ordered pursuant to this subsection
shall not bar any future expungement.
���� (6)�� Where a dismissal of an
offense is based on an eligible servicemember's successful participation in a
Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), the
county prosecutor, on behalf of the eligible servicemember, may move before the
court for the expungement of all records and information relating to the arrest
and the diversion at the time of dismissal pursuant to this section.
���� b.��� When a person did not
apply or a prosecutor did not move on behalf of an eligible servicemember for
an expungement of an arrest not resulting in a conviction pursuant to
subsection a. of this section, the person may at any time following the
disposition of proceedings, present a duly verified petition as provided in
N.J.S.2C:52-7 to the Superior Court in the county in which the disposition
occurred praying that records of such arrest and all records and information
pertaining thereto be expunged.
���� c.� (1)� Any person who has
had charges dismissed against him pursuant to a program of supervisory
treatment pursuant to N.J.S.2C:43-12, or conditional discharge pursuant to
N.J.S.2C:36A-1, or conditional dismissal pursuant to P.L.2013, c.158
(C.2C:43-13.1 et al.), shall be barred from the relief provided in this section
until six months after the entry of the order of dismissal.
���� (2)�� A servicemember who has
successfully participated in a Veterans Diversion Program pursuant to P.L.2017,
c.42 (C.2C:43-23 et al.) may apply for expungement pursuant to this section at
any time following the order of dismissal if an expungement was not granted at
the time of dismissal.
���� d.��� Any person who has been
arrested or held to answer for a crime shall be barred from the relief provided
in this section where the dismissal, discharge, or acquittal resulted from a
determination that the person was insane or lacked the mental capacity to
commit the crime charged.
����
e. Any person who has been
arrested or held to answer for a crime or offense involving domestic violence
as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) where proceedings
against the person were dismissed, the person was acquitted, or the person was
discharged without a conviction or finding of guilt shall be barred from the
relief provided in this section.
(cf: P.L.2019, c.269, s.4)
���� 2. 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, a person may present an expungement application to the
Superior Court pursuant to this section if:
���� the person has been convicted
of one crime under the laws of this State, and does not otherwise have any
subsequent conviction for another crime, whether within this State or any other
jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14
requiring denial of an expungement petition when a person has had a previous
criminal conviction expunged, a prior conviction for another crime shall not
bar presenting an application seeking expungement relief for the criminal
conviction that is the subject of the application; or
���� the person has been convicted
of one crime and no more than three disorderly persons or petty disorderly
persons offenses under the laws of this State, and does not otherwise have any
subsequent conviction for another crime, or any subsequent conviction for
another disorderly persons or petty disorderly persons offense 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. Subject to the provision of
subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition
when a person has had a previous criminal conviction expunged, a prior
conviction for another crime, disorderly persons offense, or petty disorderly
persons offense shall not bar presenting an application seeking expungement
relief for the one criminal conviction and no more than three convictions for
disorderly persons or petty disorderly persons offenses that are the subject of
the application; or
���� the person has been convicted
of multiple crimes or a combination of one or more crimes and one or more
disorderly persons or petty disorderly persons offenses under the laws of this
State, all of which are listed in a single judgment of conviction, and does not
otherwise have any subsequent conviction for another crime or offense in
addition to those convictions included in the expungement application, whether
any such conviction was within this State or any other jurisdiction. Subject to
the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an
expungement petition when a person has had a previous criminal conviction
expunged, a prior conviction for another crime, disorderly persons offense, or
petty disorderly persons offense that is not listed in a single judgment of
conviction shall not bar presenting an application seeking expungement relief
for the convictions listed in a single judgment of conviction that are the
subject of the application; or
���� the person has been convicted
of multiple crimes or a combination of one or more crimes and one or more
disorderly persons or petty disorderly persons offenses under the laws of this
State, which crimes or combination of crimes and offenses were interdependent
or closely related in circumstances and were committed as part of a sequence of
events that took place within a comparatively short period of time, regardless
of the date of conviction or sentencing for each individual crime or offense,
and the person does not otherwise have any subsequent conviction for another
crime or offense in addition to those convictions included in the expungement
application, whether any such conviction was within this State or any other
jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14
requiring denial of an expungement petition when a person has had a previous
criminal conviction expunged, a prior conviction for another crime, disorderly
persons offense, or petty disorderly persons offense that was not
interdependent or closely related in circumstances and was not committed within
a comparatively short period of time as described above shall not bar
presenting an application seeking expungement relief for the convictions of
crimes or crimes and offenses that were interdependent or closely related and
committed within a comparatively short period of time, and that are the subject
of the application.
���� For purposes of determining
eligibility to present an expungement application to the Superior Court
pursuant to this section, a conviction for unlawful distribution of, or
possessing or having under control with intent to distribute, marijuana or
hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5,or a
lesser amount of marijuana or hashish in violation of paragraph (12) of
subsection b. of that section, or a violation of either of those paragraphs and
a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or
subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1), for distributing,
or possessing or having under control with intent to distribute, on or within
1,000 feet of any school property, or on or within 500 feet of the real
property comprising a public housing facility, public park, or public building,
or for obtaining or possessing marijuana or hashish in violation of paragraph
(3) of subsection a. of N.J.S.2C:35-10, or for an equivalent crime in another jurisdiction,
regardless of when the conviction occurred, shall not be considered a
conviction of a crime within this State or any other jurisdiction but shall
instead be considered a conviction of a disorderly persons offense within this
State or an equivalent category of offense within the other jurisdiction, and a
conviction for obtaining, possessing, using, being under the influence of, or
failing to make lawful disposition of marijuana or hashish in violation of
paragraph (4) of subsection a., or subsection b., or subsection c. of
N.J.S.2C:35-10, or a violation involving marijuana or hashish as described
herein and using or possessing with intent to use drug paraphernalia with that
marijuana or hashish in violation of N.J.S.2C:36-2, or for an equivalent crime
or offense in another jurisdiction, regardless of when the conviction occurred,
shall not be considered a conviction 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 any court-ordered
financial assessment, satisfactory completion of probation or parole, or
release from incarceration, whichever is later. The term "court-ordered
financial assessment" as used herein and throughout this section means and
includes any fine, fee, penalty, restitution, and other form of financial
assessment imposed by the court as part of the sentence for the conviction or
convictions that are the subject of the application, for which payment of
restitution takes precedence in accordance with chapter 46 of Title 2C of the
New Jersey Statutes. The person shall submit the expungement application to the
Superior Court in the county in which the most recent conviction for a crime
was adjudged, which includes a duly verified petition as provided in
N.J.S.2C:52-7 praying that the conviction, or convictions if applicable, and
all records and information pertaining thereto be expunged. The petition
appended to an application shall comply with the requirements set forth in
N.J.S.2C:52-1 et seq.
���� Notwithstanding the provisions
concerning the five-year time requirement, if, at the time of application, a
court-ordered financial assessment subject to collection under the
comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1
et al.) is not yet satisfied due to reasons other than willful noncompliance,
but the time requirement of five years is otherwise satisfied, the person may
submit the expungement application and the court may grant an expungement;
provided, however, that if expungement is granted the court shall enter a civil
judgment for the unpaid portion of the court-ordered financial assessment in
the name of the Treasurer, State of New Jersey and transfer collections and
disbursement responsibility to the State Treasurer for the outstanding amount
in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1).� The Treasurer
may specify, and the Administrative Office of the Courts shall collaborate
with, the technical and informational standards required to effectuate the
transfer of the collection and disbursement responsibilities. Notwithstanding
any provision in this law or any other law to the contrary, the court shall
have sole discretion to amend the judgment.
���� Additionally, an application
may be filed and presented, and the court may grant an expungement pursuant to
this section, although less than five years have expired in accordance with the
time requirements when the court finds:
���� (1)�� the court-ordered
financial assessment is satisfied but less than five years have expired from
the date of satisfaction, and the time requirement of five 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 assessment; or
���� (2)�� at least four but less
than five years have expired from the date of the most recent conviction,
payment of any court-ordered financial assessment, satisfactory completion of
probation or parole, or release from incarceration, whichever is later; and
���� 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 compelling circumstances exist to grant the expungement.
The prosecutor may object pursuant to section 11 of P.L.2019, c.269
(C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24.
���� In determining whether
compelling circumstances exist for the purposes of paragraph (1) of this
subsection, a court may consider the amount of any court-ordered financial
assessment 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.
���� 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 and strict liability vehicular
homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3);
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 or for portrayal in a sexually suggestive
manner); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting
a child to engage in a prohibited sexual act or the simulation of an act, or to
be portrayed in a sexually suggestive manner); 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); section 8 of P.L.2017, c.141
(C.2C:24-4.1) (Leader of a child pornography network); 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);
any crime �involving domestic violence
as defined in section 3 of P.L.1991, c.261 (C.2C:25-19);
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 less than
one ounce;
���� (2)�� Hashish, where the total
quantity sold, distributed or possessed with intent to sell was 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 compelling circumstances exist to grant the expungement.�
The prosecutor may object pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1),
N.J.S.2C:52-11, N.J.S.2C:52-14, orN.J.S.2C:52-24.
���� 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 petitioner shall notify the State Board of Medical Examiners
upon filing an application for expungement and provide the board with a copy
thereof.� The petitioner shall also provide to the court a certification
attesting that the requirements of this subsection were satisfied.� Failure to
satisfy the requirements of this subsection shall be grounds for denial of the
expungement application and, if applicable, administrative discipline by the
board.
(cf: P.L.2019, c.269, s.2)
���� 3.��� 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
]
(1) Except as provided in
paragraph (2) of this subsection, any
person who has been convicted of one
or more disorderly persons or petty disorderly persons offenses under the laws
of this State who has not been convicted of any crime, whether within this
State or any other jurisdiction, may present an expungement application to a
court pursuant to this section.� Any person who has been convicted of one or
more disorderly persons or petty disorderly persons offenses under the laws of
this State who has also been convicted of 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.
���� (
2)�� The provisions of
this section shall not apply to any person convicted of a disorderly persons or
petty disorderly persons offense involving domestic violence as defined in
section 3 of P.L.1991, c.261 (C.2C:25-19).
���� b.��� Any person who has been
convicted of one or more disorderly persons or petty disorderly persons
offenses under the laws of this State who has not been convicted of any crime,
whether within this State or any other jurisdiction, may present an expungement
application pursuant to this section to any court designated by the Rules of
Court if:
���� the person has been convicted,
under the laws of this State, on the same or separate occasions of no more than
five disorderly persons offenses, no more than five petty disorderly persons
offenses, or a combination of no more than five disorderly persons and petty
disorderly persons offenses, and the person does not otherwise have any
subsequent conviction for a disorderly persons or petty disorderly persons
offense, 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 five.� Subject to the provision of subsection e. of
N.J.S.2C:52-14 requiring denial of an expungement petition when a person has
had a previous criminal conviction expunged, a prior conviction for another
disorderly persons offense or petty disorderly persons offense shall not bar
presenting an application seeking expungement relief for the convictions that
are the subject of the application, which may include convictions for no more
than five disorderly persons or petty disorderly persons offenses, or
combination thereof; 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 convictions were entered on the same day, and does not otherwise have any
subsequent conviction for another offense in addition to those convictions
included in the expungement application, whether any such conviction was within
this State or any other jurisdiction.� Subject to the provision of subsection
e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person
has had a previous criminal conviction expunged, a prior conviction for another
disorderly persons or petty disorderly persons offense that was not entered on
the same day shall not bar presenting an application seeking expungement relief
for the convictions entered on the same day that are the subject of the
application; 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 interdependent or closely
related in circumstances and were committed as part of a sequence of events
that took place within a comparatively short period of time, regardless of the
date of conviction or sentencing for each individual offense, and the person
does not otherwise have any subsequent conviction for another offense in
addition to those convictions included in the expungement application, whether
within this State or any other jurisdiction.� Subject to the provision of
subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition
when a person has had a previous criminal conviction expunged, a prior
conviction for another disorderly persons offense or petty disorderly persons offense
that was not interdependent or closely related in circumstances and was not
committed within a comparatively short period of time as described above shall
not bar presenting an application seeking expungement relief for the
convictions of offenses that were interdependent or closely related and
committed within a comparatively short period of time, and that are the subject
of the application.
���� For purposes of determining
eligibility to present an expungement application to the court pursuant to this
section, a conviction for unlawful distribution of, or possessing or having
under control with intent to distribute, marijuana or hashish in violation of
paragraph (11) of subsection b. of N.J.S.2C:35-5,or a lesser amount of
marijuana or hashish in violation of paragraph (12) of subsection b. of that
section, or a violation of either of those paragraphs and a violation of
subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of
section 1 of P.L.1997, c.327 (C.2C:35-7.1), for distributing, or possessing or
having under control with intent to distribute, on or within 1,000 feet of any
school property, or on or within 500 feet of the real property comprising a
public housing facility, public park, or public building, or for obtaining or
possessing marijuana or hashish in violation of paragraph (3) of subsection a.
of N.J.S.2C:35-10, or for an equivalent crime in another jurisdiction, regardless
of when the conviction occurred, shall not be considered a conviction of a
crime within this State or any other jurisdiction but shall instead be
considered a conviction of a disorderly persons offense within this State or an
equivalent category of offense within the other jurisdiction, and a conviction
for obtaining, possessing, using, being under the influence of, or failing to
make lawful disposition of marijuana or hashish in violation of paragraph (4)
of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or a
violation involving marijuana or hashish as described herein and using or
possessing with intent to use drug paraphernalia with that marijuana or hashish
in violation ofN.J.S.2C:36-2, or for an equivalent crime or offense in another
jurisdiction, regardless of when the conviction occurred, shall not be
considered a conviction 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 any court-ordered
financial assessment, satisfactory completion of probation or parole, or
release from incarceration, whichever is later.� The term "court-ordered
financial assessment" as used herein and throughout this section means and
includes any fine, fee, penalty, restitution, and other form of financial
assessment imposed by the court as part of the sentence for the conviction or
convictions that are the subject of the application, for which payment of
restitution takes precedence in accordance with chapter 46 of Title 2C of the
New Jersey Statutes.� The person shall submit the expungement application to a
court in the county in which the most recent conviction for a disorderly
persons or petty disorderly persons offense was adjudged, which includes a duly
verified petition as provided in N.J.S.2C:52-7 praying that the conviction, or
convictions if applicable, and all records and information pertaining thereto
be expunged.� The petition appended to an application shall comply with the
requirements of N.J.S.2C:52-1 et seq.
���� Notwithstanding the provisions
of the five-year time requirement, if, at the time of application, a
court-ordered financial assessment subject to collection under the
comprehensive enforcement program established pursuant to P.L.1995, c.9
(C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful
noncompliance, but the time requirement of five years is otherwise satisfied,
the person may submit the expungement application and the court may grant an
expungement; provided, however, that the court shall enter a civil judgment for
the unpaid portion of the court-ordered financial assessment in the name of the
Treasurer, State of New Jersey and transfer collections and disbursement
responsibility to the State Treasurer for the outstanding amount in accordance
with section 8 of P.L.2017, c.244 (C.2C:52-23.1).� The Treasurer may specify,
and the Administrative Office of the Courts shall collaborate with, the
technical and informational standards required to effectuate the transfer of
the collection and disbursement responsibilities. Notwithstanding any provision
in this law or any other law to the contrary, the court shall have sole
discretion to amend the judgment.
���� Additionally, an application
may be filed and presented, and the court may grant an expungement pursuant to
this section, although less than five years have expired in accordance with the
time requirements when the court finds:
���� (1)�� the court-ordered
financial assessment is satisfied but less than five years have expired from
the date of satisfaction, and 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 assessment; or
���� (2)�� at least three but less
than five years have expired from the date of the most recent conviction,
payment of any court-ordered financial assessment, satisfactory completion of
probation or parole, or release from incarceration, whichever is later; and
���� 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 compelling circumstances exist to grant the expungement.�
The prosecutor may object pursuant to section 11 of P.L.2019, c.269
(C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24.
���� In determining whether
compelling circumstances exist for the purposes of paragraph (1) of this
subsection, a court may consider the amount of any court-ordered financial
assessment 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.
(cf: P.L.2019, c.269, s.3)
���� 4.��� This act shall take
effect on the 90
th
day following enactment.
STATEMENT
���� This bill would provide that
no criminal conviction, arrest, or charge involving domestic violence could be
expunged.�
���� Under current law, the court
may order the records of a criminal conviction expunged under certain
circumstances following an application by a person who has been convicted of a
crime, disorderly persons offense, or petty disorderly persons offense. Certain
serious crimes are barred by statute from expungement, including murder,
kidnapping, human trafficking, sexual assault, and arson, among others. This
bill would add all crimes and offenses involving domestic violence, as defined in
section 3 of P.L.1991, c.261 (C.2C:25-19), to the list of crimes and offenses
that are barred from expungement.
���� Current law also provides that
when a person is ultimately not convicted of a crime or offense following an
arrest or charge, the court will automatically order the records of the arrest
or charge expunged. This bill would make an exception if the underlying crime
or offense involved domestic violence, thus barring such expungements.