Makes certain procedural and substantive reforms to expungement statutes to reduce filing burdens and expand eligibility.

A1993

SSEMBLY, No. 1993

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

���� Makes certain procedural and substantive reforms to
expungement statutes to reduce filing burdens and expand eligibility.

CURRENT VERSION OF TEXT

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

��

An Act

concerning expungements, and amending 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:35-14 is amended
to read as follows:

���� 2C:35-14. Rehabilitation
Program for Persons with a Substance Use Disorder Subject to a Presumption of
Incarceration or a Mandatory Minimum Period of Parole Ineligibility; Criteria
for Imposing Special Probation; Ineligible Offenders; Commitment to Residential
Treatment Facilities or Participation in a Nonresidential Treatment Program;
Presumption of Revocation; Brief Incarceration in Lieu of Permanent Revocation.

���� a.��� Any person who is
ineligible for probation due to a conviction for a crime which is subject to a
presumption of incarceration or a mandatory minimum period of parole
ineligibility may be sentenced to a term of special probation in accordance
with this section, and may not apply for treatment for substance use disorder
pursuant to N.J.S.2C:45-1.� Nothing in this section shall be construed to
prohibit a person who is eligible for probation in accordance with
N.J.S.2C:45-1 due to a conviction for an offense which is not subject to a
presumption of incarceration or a mandatory minimum period of parole
ineligibility from applying for treatment for substance use disorder as a
condition of probation pursuant to N.J.S.2C:45-1; provided, however, that a
person in need of treatment as defined in subsection f. of section 2 of
P.L.2012, c.23 (C.2C:35-14.2) shall be sentenced in accordance with that
section.� Notwithstanding the presumption of incarceration pursuant to the
provisions of subsection d. of N.J.S.2C:44-1, whenever a person with a
substance use disorder who is subject to sentencing under this section is
convicted of or adjudicated delinquent for an offense, other than one described
in subsection b. of this section, the court, upon notice to the prosecutor, may,
on motion of the person, or on the court�s own motion, place the person on
special probation, which shall be for a term of five years, provided that the
court finds on the record that:

���� (1)� the person has undergone
a professional diagnostic assessment to determine whether and to what extent
the person has a substance use disorder and would benefit from treatment; and

���� (2)� the person has a
substance use disorder within the meaning of N.J.S.2C:35-2 and was with a
substance use disorder at the time of the commission of the present offense;
and

���� (3)� the present offense was
committed while the person was under the influence of a controlled dangerous
substance, controlled

substance analog or alcohol or was
committed to acquire property or monies in order to support the person's
substance use disorder; and

���� (4)� substance use� disorder
treatment and monitoring will serve to benefit the person by addressing the
person�s substance use disorder and will thereby reduce the likelihood that the
person will thereafter commit another offense; and

���� (5)� the person did not
possess a firearm at the time of the present offense and did not possess a
firearm at the time of any pending criminal charge; and

���� (6)� the person has not been
previously convicted on two or more separate occasions of crimes of the first
or second degree, other than those listed in paragraph (7); or the person has
not been previously convicted on two or more separate occasions, where one of
the offenses is a crime of the third degree, other than crimes defined in
N.J.S.2C:35-10, and one of the offenses is a crime of the first or second
degree; and

���� (7)� the person has not been
previously convicted or adjudicated delinquent for, and does not have a pending
charge of murder, aggravated manslaughter, manslaughter, kidnapping, aggravated
assault, aggravated sexual assault or sexual assault, or a similar crime under
the laws of any other state or the United States; and

���� (8)� a suitable treatment
facility licensed and approved by the Division of Mental Health and Addiction
Services in the Department of Human Services is able and has agreed to provide
appropriate treatment services in accordance with the requirements of this section;
and

���� (9)� no danger to the
community will result from the person being placed on special probation
pursuant to this section.

���� In determining whether to
sentence the person pursuant to this section, 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, and shall also consider the presentence report and the results of
the professional diagnostic assessment to determine whether and to what extent
the person has a substance use disorder and would benefit from treatment.� The
court shall give priority to a person who has moved to be sentenced to special
probation over a person who is being considered for a sentence to special
probation on the court�s own motion or in accordance with the provisions of
section 2 of P.L.2012, c.23 (C.2C:35-14.2).

���� As a condition of special
probation, the court shall order the person to enter a residential treatment
program at a facility licensed and approved by the Division of Mental Health
and Addiction Services in the Department of Human Services or a program of
nonresidential treatment by a licensed and approved treatment provider, which
program may include the use of medication-assisted treatment as defined in
paragraph (7) of subsection f. of this section, to comply with program rules
and the requirements of the course of treatment, to cooperate fully with the
treatment provider, and to comply with such other reasonable terms and
conditions as may be required by the court or by law, pursuant to
N.J.S.2C:45-1, and which shall include periodic urine testing for drug or
alcohol usage throughout the period of special probation.� In determining
whether to order the person to participate in a nonresidential rather than a
residential treatment program, the court shall follow the procedure set forth
in subsection j. of this section.� Subject to the requirements of subsection d.
of this section, the conditions of special probation may include different
methods and levels of community-based or residential supervision.

���� b.��� A person shall not be
eligible for special probation pursuant to this section if the person is
convicted of or adjudicated delinquent for:

���� (1)� a crime of the first
degree;

���� (2)� a crime of the first or
second degree enumerated in subsection d. of section 2 of P.L.1997, c.117
(C.2C:43-7.2), other than a crime of the second degree involving N.J.S.2C:15-1
(robbery) or N.J.S.2C:18-2 (burglary);

���� (3)� a crime, other than that
defined in section 1 of P.L.1987, c.101 (C.2C:35-7), for which a mandatory
minimum period of incarceration is prescribed under chapter 35 of this Title or
any other law; or

���� (4)� an offense that involved
the distribution or the conspiracy or attempt to distribute a controlled
dangerous substance or controlled substance analog to a juvenile near or on
school property.

���� c.��� (Deleted by amendment,
P.L.2012, c.23)

���� d.��� Except as otherwise
provided in subsection j. of this section, a person convicted of or adjudicated
delinquent for a crime of the second degree or of a violation of section 1 of
P.L.1987, c.101 (C.2C:35-7), or who previously has been convicted of or adjudicated
delinquent for an offense under subsection a. of N.J.S.2C:35-5 or a similar
offense under any other law of this State, any other state or the United
States, who is placed on special probation under this section shall be
committed to the custody of a residential substance use� disorder treatment
facility licensed and approved by the Division of Mental Health and Addiction
Services in the Department of Human Services.� Subject to the authority of the
court to temporarily suspend imposition of all or any portion of the term of
commitment to a residential treatment facility pursuant to subsection j. of
this section, the person shall be committed to the residential treatment
facility immediately, unless the facility cannot accommodate the person, in which
case the person shall be incarcerated to await commitment to the residential
treatment facility.� The term of such commitment shall be for a minimum of six
months, or until the court, upon recommendation of the treatment provider,
determines that the person has successfully completed the residential treatment
program, whichever is later, except that no person shall remain in the custody
of a residential treatment facility pursuant to this section for a period in
excess of five years.� Upon successful completion of the required residential
treatment program, the person shall complete the period of special probation,
as authorized by subsection a. of this section, with credit for time served for
any imprisonment served as a condition of probation and credit for each day
during which the person satisfactorily complied with the terms and conditions
of special probation while committed pursuant to this section to a residential
treatment facility.� Except as otherwise provided in
paragraph (1) of

subsection l. of this section, the person shall not be eligible for early
discharge of special probation pursuant to N.J.S.2C:45-2, or any other
provision of the law.� The court, in determining the number of credits for time
spent in residential treatment, shall consider the recommendations of the
treatment provider.� A person placed into a residential treatment facility
pursuant to this section shall be deemed to be subject to official detention
for the purposes of N.J.S.2C:29-5 (escape).

���� e.��� The probation department
or other appropriate agency designated by the court to monitor or supervise the
person�s special probation shall report periodically to the court as to the
person�s progress in treatment and compliance with court-imposed terms and
conditions.� The treatment provider shall promptly report to the probation
department or other appropriate agency all significant failures by the person
to comply with any court-imposed term or condition of special probation or any
requirements of the course of treatment, including but not limited to a
positive drug or alcohol test, which shall only constitute a violation for a
person using medication-assisted treatment as defined in paragraph (7) of
subsection f. of this section if the positive test is unrelated to the person�s
medication-assisted treatment, or the unexcused failure to attend any session
or activity, and shall immediately report any act that would constitute an
escape.� The probation department or other appropriate agency shall immediately
notify the court and the prosecutor in the event that the person refuses to
submit to a periodic drug or alcohol test or for any reason terminates the
person's participation in the course of treatment, or commits any act that
would constitute an escape.

���� f. (1) Upon a first violation
of any term or condition of the special probation authorized by this section or
of any requirements of the course of treatment, the court in its discretion may
permanently revoke the person�s special probation.

���� (2)� Upon a second or
subsequent violation of any term or condition of the special probation
authorized by this section or of any requirements of the course of treatment,
the court shall, subject only to the provisions of subsection g. of this
section, permanently revoke the person�s special probation unless the court
finds on the record that there is a substantial likelihood that the person will
successfully complete the treatment program if permitted to continue on special
probation, and the court is clearly convinced, considering the nature and
seriousness of the violations, that no danger to the community will result from
permitting the person to continue on special probation pursuant to this
section.� The court�s determination to permit the person to continue on special
probation following a second or subsequent violation pursuant to this paragraph
may be appealed by the prosecution.

���� (3)� In making its
determination whether to revoke special probation, and whether to overcome the
presumption of revocation established in paragraph (2) of this subsection, the
court shall consider the nature and seriousness of the present infraction and
any past infractions in relation to the person�s overall progress in the course
of treatment, and shall also consider the recommendations of the treatment
provider.� The court shall give added weight to the treatment provider�s
recommendation that the person�s special probation be permanently revoked, or
to the treatment provider�s opinion that the person is not amenable to
treatment or is not likely to complete the treatment program successfully.

���� (4)� If the court permanently
revokes the person�s special probation pursuant to this subsection, the court
shall impose any sentence that might have been imposed, or that would have been
required to be imposed, originally for the offense for which the person was
convicted or adjudicated delinquent.� The court shall conduct a de novo review
of any aggravating and mitigating factors present at the time of both original
sentencing and resentencing.� If the court determines or is required pursuant
to any other provision of this chapter or any other law to impose a term of
imprisonment, the person shall receive credit for any time served in custody
pursuant to N.J.S.2C:45-1 or while awaiting placement in a treatment facility
pursuant to this section, and for each day during which the person
satisfactorily complied with the terms and conditions of special probation
while committed pursuant to this section to a residential treatment facility.�
The court, in determining the number of credits for time spent in a residential
treatment facility, shall consider the recommendations of the treatment
provider.

���� (5)� Following a violation, if
the court permits the person to continue on special probation pursuant to this
section, the court shall order the person to comply with such additional terms
and conditions, including but not limited to more frequent drug or alcohol
testing, as are necessary to deter and promptly detect any further violation.

���� (6)� Notwithstanding any other
provision of this subsection, if the person at any time refuses to undergo
urine testing for drug or alcohol usage as provided in subsection a. of this
section, the court shall, subject only to the provisions of subsection g. of
this section, permanently revoke the person�s special probation.�
Notwithstanding any other provision of this section, if the person at any time
while committed to the custody of a residential treatment facility pursuant to
this section commits an act that would constitute an escape, the court shall
forthwith permanently revoke the person�s special probation.

���� (7)� An action for a violation
under this section may be brought by a probation officer or prosecutor or on
the court�s own motion.� Failure to complete successfully the required
treatment program shall constitute a violation of the person�s special
probation.� In the case of the temporary or continued management of a person�s
substance use disorder by means of medication-assisted treatment as defined
herein, whenever supported by a report from the treatment provider of existing
satisfactory progress and reasonably predictable long-term success with or
without further medication-assisted treatment, the person�s use of the
medication-assisted treatment, even if continuing, shall not be the basis to
constitute a failure to complete successfully the treatment program.� A person
who fails to comply with the terms of the person�s special probation pursuant
to this section and is thereafter sentenced to imprisonment in accordance with
this subsection shall thereafter be ineligible for entry into the Intensive
Supervision Program, provided however that this provision shall not affect the
person�s eligibility for entry into the Intensive Supervision Program for a
subsequent conviction.

���� As used in this section, the
term �medication-assisted treatment� means the use of any medications approved
by the federal Food and Drug Administration to treat substance use disorders,
including extended-release naltrexone, methadone, and buprenorphine, in
combination with counseling and behavioral therapies, to provide a
whole-patient approach to the treatment of substance use disorders.

���� g.��� When a person on special
probation is subject to a presumption of revocation on a second or subsequent
violation pursuant to paragraph (2) of subsection f. of this section, or when
the person refuses to undergo drug or alcohol testing pursuant to paragraph (6)
of subsection f. of this section, the court may, in lieu of permanently
revoking the person�s special probation, impose a term of incarceration for a
period of not less than 30 days nor more than six months, after which the
person�s term of special probation pursuant to this section may be reinstated.�
In determining whether to order a period of incarceration in lieu of permanent
revocation pursuant to this subsection, the court shall consider the
recommendations of the treatment provider with respect to the likelihood that
such confinement would serve to motivate the person to make satisfactory
progress in treatment once special probation is reinstated.� This disposition
may occur only once with respect to any person unless the court is clearly convinced
that there are compelling and extraordinary reasons to justify reimposing this
disposition with respect to the person.� Any such determination by the court to
reimpose this disposition may be appealed by the prosecution.� Nothing in this
subsection shall be construed to limit the authority of the court at any time
during the period of special probation to order a person on special probation
who is not subject to a presumption of revocation pursuant to paragraph (2) of
subsection f. of this section to be incarcerated over the course of a weekend,
or for any other reasonable period of time, when the court in its discretion
determines that such incarceration would help to motivate the person to make
satisfactory progress in treatment.

���� h.��� The court, as a
condition of its order, and after considering the person�s financial resources,
shall require the person to pay that portion of the costs associated with the
person�s participation in any residential or nonresidential treatment program
imposed pursuant to this section which, in the opinion of the court, is
consistent with the person�s ability to pay, taking into account the court�s
authority to order payment or reimbursement to be made over time and in
installments.

���� i.���� The court shall impose,
as a condition of the special probation, any fine, penalty, fee or restitution
applicable to the offense for which the person was convicted or adjudicated
delinquent.

���� j.���� Where the court finds
that a person has satisfied all of the eligibility criteria for special
probation and would otherwise be required to be committed to the custody of a
residential substance use disorders treatment facility pursuant to the
provisions of subsection d. of this section, the court may temporarily suspend
imposition of all or any portion of the term of commitment to a residential
treatment facility and may instead order the person to enter a nonresidential
treatment program, provided that the court finds on the record that:

���� (1)� the person conducting the
diagnostic assessment required pursuant to paragraph (1) of subsection a. of
this section has recommended in writing that the proposed course of
nonresidential treatment services is clinically appropriate and adequate to
address the person�s treatment needs; and

���� (2)� no danger to the
community would result from the person participating in the proposed course of
nonresidential treatment services; and

���� (3)� a suitable treatment
provider is able and has agreed to provide clinically appropriate
nonresidential treatment services.

���� If the prosecutor objects to
the court�s decision to suspend the commitment of the person to a residential
treatment facility pursuant to this subsection, the sentence of special
probation imposed pursuant to this section shall not become final for 10 days
in order to permit the appeal by the prosecution of the court�s decision.

���� After a period of six months
of nonresidential treatment, if the court, considering all available
information including but not limited to the recommendation of the treatment
provider, finds that the person has made satisfactory progress in treatment and
that there is a substantial likelihood that the person will successfully
complete the nonresidential treatment program and period of special probation,
the court, on notice to the prosecutor, may permanently suspend the commitment
of the person to the custody of a residential treatment program, in which event
the special monitoring provisions set forth in subsection k. of this section
shall no longer apply.

���� Nothing in this subsection
shall be construed to limit the authority of the court at any time during the
term of special probation to order the person to be committed to a residential
or nonresidential treatment facility if the court determines that such
treatment is clinically appropriate and necessary to address the person�s
present treatment needs.

���� k. (1) When the court
temporarily suspends the commitment of the person to a residential treatment
facility pursuant to subsection j. of this section, the court shall, in
addition to ordering participation in a prescribed course of nonresidential
treatment and any other appropriate terms or conditions authorized or required
by law, order the person to undergo urine testing for drug or alcohol use not
less than once per week unless otherwise ordered by the court.� The
court-ordered testing shall be conducted by the probation department or the
treatment provider.� The results of all tests shall be reported promptly to the
court and to the prosecutor.� If the person is involved with a program that is
providing the person medication-assisted treatment as defined in paragraph (7)
of subsection f. of this section, only a positive urine test for drug or
alcohol use unrelated to the medication-assisted treatment shall constitute a
violation of the terms and conditions of special probation.� In addition, the
court shall impose appropriate curfews or other restrictions on the person�s
movements, and may order the person to wear electronic monitoring devices to
enforce such curfews or other restrictions as a condition of special probation.

���� (2)� The probation department
or other appropriate agency shall immediately notify the court and the
prosecutor in the event that the person fails or refuses to submit to a drug or
alcohol test, knowingly defrauds the administration of a drug or alcohol test,
terminates the person�s participation in the course of treatment, or commits
any act that would constitute absconding from parole.� If the person at any
time while entered in a nonresidential treatment program pursuant to subsection
j. of this section knowingly defrauds the administration of a drug or alcohol
test, goes into hiding, or leaves the State with a purpose of avoiding
supervision, the court shall permanently revoke the person�s special probation.

���� l.����
(1)
If the court
finds that the person has made exemplary progress in the course of treatment,
the court may, upon recommendation of the person�s supervising probation
officer or on the court�s own motion, and upon notice to the prosecutor, grant
early discharge from a term of special probation provided that the person: (1)
has satisfactorily completed the treatment program ordered by the court; (2)
has served at least two years of special probation; (3) within the preceding 12
months, did not commit a substantial violation of any term or condition of
special probation, including but not limited to a positive urine test, which
shall only constitute a violation for a person using medication-assisted
treatment as defined in paragraph (7) of subsection f. of this section if the
positive test is unrelated to the person�s medication-assisted treatment; and
(4) is not likely to relapse or commit an offense if probation supervision and
related services are discontinued.

����
(2) Notwithstanding the
five-year term of special probation set forth in subsection a. of this section,
the person may, upon motion and with notice to the prosecutor, seek to extend
the term of special probation for up to 12 months for the purposes of disposing
of any pending charges for an offense allegedly committed during the person�s
term of special probation or to maintain eligibility for an expungement
pursuant to subsection m. of this section.� The court shall have discretion to
continue or modify any terms or conditions of special probation during this
additional term.

���� m. (1) The Superior Court may
order the expungement of all records and information relating to all prior
arrests, detentions, convictions,
adjudications of juvenile delinquency,

and proceedings for any offense enumerated in
[
Title
2C of
]

the New Jersey Statutes
, the Revised Statutes, or any municipal or county
ordinance
upon successful discharge from a term of special probation as
provided in this section, regardless of whether the person was sentenced to
special probation under this section, section 2 of P.L.2012, c.23
(C.2C:35-14.2), or N.J.S.2C:45-1, if the person satisfactorily completed a
substance use disorder treatment program as ordered by the court
[
and was not
convicted of any crime, or adjudged a disorderly person or petty disorderly
person, during the term of special probation
]
.�
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 paragraph and no fee shall be charged to a person
eligible for relief pursuant to this paragraph.� The court shall grant the
relief requested unless it finds that the need for the availability of the
records outweighs the desirability of having the person freed from any
disabilities associated with their availability, or it finds that the person is
otherwise ineligible for expungement pursuant to paragraph (2) of this
subsection.� An expungement under this paragraph shall proceed in accordance
with rules and procedures developed by the Supreme Court.

���� (2)� A person shall not be
eligible
[
for
expungement
]

to expunge
under paragraph (1) of this subsection
[
if the records
include
]

a conviction for any
[
offense
]

crime
barred
from expungement pursuant to subsection b. or c. of N.J.S.2C:52-2
, but shall
be eligible to expunge any prior offenses that are not barred from expungement.�
No expungement shall be considered until any pending charges are disposed.
�
It shall be the obligation of the prosecutor to notify the court of any
disqualifying convictions or any other factors related to public safety that
should be considered by the court when deciding to grant an expungement under
paragraph (1) of this subsection.

���� (3)� The Superior Court shall
provide a copy of the expungement order granted pursuant to paragraph (1) of
this subsection to the prosecutor and to the person and, if the person was
represented by the Public Defender, to the Public Defender.� The
[
person or, if
the person was represented by the Public Defender, the Public Defender on
behalf of the person,
]

court, pursuant to subsection c. of section 11 of P.L.2019, c.269
(C.2C:52-10.1),
shall promptly distribute copies of the expungement order
to appropriate agencies who have custody and control of the records specified
in the order so that the agencies may comply with the requirements of
N.J.S.2C:52-15.

���� (4)� If the person whose
records are expunged pursuant to paragraph (1) of this subsection is convicted
of any crime following discharge from special probation, the full record of
arrests and convictions may be restored to public access and no future expungement
shall be granted to such person.

���� (5)� A person who, prior to
the effective date of P.L.2015, c.261, was successfully discharged from a term
of special probation as provided in this section, regardless of whether the
person was sentenced to special probation under this section, section 2 of P.L.2012,
c.23 (C.2C:35-14.2), or N.J.S.2C:45-1, may seek an expungement of all records
and information relating to all arrests, detentions, convictions,
adjudications
of juvenile delinquency,
and proceedings for any offense enumerated in
[
Title 2C of
]
the New
Jersey Statutes
, the Revised Statutes, or any municipal or county ordinance

that existed at the time of discharge from special probation by presenting an
application to the Superior Court in the county in which the person was
sentenced to special probation, which contains a duly verified petition as
provided in N.J.S.2C:52-7 for each crime or offense sought to be expunged.� The
petition for expungement shall proceed pursuant to N.J.S.2C:52-1 et seq. except
that the requirements related to the expiration of the time periods specified
in N.J.S.2C:52-2 through section 1 of P.L.1980, c.163 (C.2C:52-4.1) shall not
apply.�
[
A
person who was convicted of any offense barred from expungement pursuant to
subsection b. or c. of N.J.S.2C:52-2, or who has been convicted of any crime or
offense since the date of discharge from special probation shall not be
eligible to apply for an expungement under this paragraph.
]
�
A
conviction for a crime which is not subject to expungement pursuant to
subsection b. or c. of N.J.S.2C:52-2 shall not be expunged under this
paragraph, but the person shall be eligible to expunge any other offenses that
are not barred from expungement.
� In addition, no application for
expungement shall be considered until any pending charges are disposed.� It
shall be the obligation of the prosecutor to notify the court of any
disqualifying convictions or any other factors related to public safety that should
be considered by the court when deciding to grant an expungement under this
paragraph.� The Superior Court shall consider the person�s verified petition
and may order the expungement of all records and information relating to all
arrests, detentions, convictions, and proceedings of the person that existed at
the time of discharge from special probation as appropriate.� The court shall
grant the relief requested unless it finds that the need for the availability
of the records outweighs the desirability of having the person freed from any
disabilities associated with their availability, or it finds that the person is
otherwise ineligible for expungement pursuant to this paragraph. �No fee shall
be charged to a person eligible for relief pursuant to this paragraph.

���� (6) (a) A person who is not
eligible for expungement relief pursuant to paragraph (1) or (5) of this
subsection because of a conviction occurring prior to, on, or after the
effective date of P.L.2021, c.460, for any offense set forth in paragraph (2)
of subsection a. of N.J.S.2C:24-4, involving endangering the welfare of a
child, which is barred from expungement pursuant to subsection b. of
N.J.S.2C:52-2 and therefore renders the person ineligible under those
paragraphs, may be eligible to seek expungement relief pursuant to this
paragraph.� The person shall have been successfully discharged from a term of
special probation as provided in this section, regardless of whether the person
was sentenced to special probation under this section, section 2 of P.L.2012,
c.23 (C.2C:35-14.2), or N.J.S.2C:45-1, for a period of at least 10 years prior
to seeking an expungement of all records and information relating to all
arrests, detentions, convictions,
adjudications of juvenile delinquency,

and proceedings for any offense enumerated in
[
Title
2C of
]

the New Jersey Statutes
, the Revised Statutes, or any municipal or county
ordinance
that existed at the time of discharge from special probation.�
The person shall present an application to the Superior Court in the county in
which the person was sentenced to special probation, which contains a duly
verified petition as provided in N.J.S.2C:52-7 for each crime or offense sought
to be expunged.� The petition for expungement shall proceed pursuant to
N.J.S.2C:52-1 et seq.� A person shall not be eligible to apply for an
expungement under this paragraph if that person was convicted of any offense
barred from expungement pursuant to subsection b. or c. of N.J.S.2C:52-2, other
than a conviction for endangering the welfare of a child under paragraph (2) of
subsection a. of N.J.S.2C:24-4, which crime is also determined by the court,
based upon a review by the prosecutor in accordance with subparagraph (b) of
this paragraph, to have been nonviolent with respect to the facts and elements
of the criminal act, or if that person has been convicted of any crime or
offense since the date of discharge from special probation.� In addition, no
application for expungement shall be considered until any pending charges are
disposed.� It shall be the obligation of the prosecutor to notify the court of
any disqualifying convictions, any conviction for endangering the welfare of a
child reviewed by the prosecutor and found to be violent, or any other factors
related to public safety that should be considered by the court when deciding
to grant an expungement under this paragraph.� The Superior Court shall
consider the person�s verified petition and may order the expungement of all
records and information relating to all arrests, detentions, convictions, and
proceedings of the person that existed at the time of discharge from special
probation as appropriate.� The court shall grant the relief requested unless it
finds that the need for the availability of the records outweighs the
desirability of having the person freed from any disabilities associated with
their availability, or it finds that the person is otherwise ineligible for
expungement pursuant to this paragraph.� No fee shall be charged to a person
eligible for relief pursuant to this paragraph.

���� (b)� The prosecutor, when
reviewing a conviction for endangering the welfare of a child under paragraph
(2) of subsection a. of N.J.S.2C:24-4 as to whether the facts and elements of
the criminal act were nonviolent and therefore do not prevent, as to this conviction,
a person�s eligibility for expungement relief under this paragraph, shall
consider any act which falls under the following definitions to be violent
acts, and render the person ineligible for expungement relief:

���� any act of �abuse,� as defined
in R.S.9:6-1, that is specifically listed in part (c) of the definition,
employing or permitting a child to be employed in any occupation, employment or
vocation dangerous to the morals of such child; part (e) of the definition, the
performing of any indecent, immoral or unlawful act or deed, in the presence of
a child, that may tend to debauch or endanger or degrade the morals of the
child; part (f) of the definition, permitting or allowing any other person to
perform any indecent, immoral or unlawful act in the presence of the child that
may tend to debauch or endanger the morals of such child; or part (g) of the
definition, using excessive physical restraint on the child under circumstances
which do not indicate that the child�s behavior is harmful to himself, others
or property;

���� any act of �cruelty,� as
defined in R.S.9:6-1; and

���� any act resulting in an
�abused or neglected child,� as defined by subsection c. of section 1 of
P.L.1974, c.119 (C.9:6-8.21), that is specifically listed in paragraph (1) of
the definition, inflicting or allowing to be inflicted upon such child physical
injury by other than accidental means which causes or creates a substantial
risk of death, or serious or protracted disfigurement, or protracted impairment
of physical or emotional health or protracted loss or impairment of the
function of any bodily organ; paragraph (2) of the definition, creating or
allowing to be created a substantial or ongoing risk of physical injury to such
child by other than accidental means which would be likely to cause death or
serious or protracted disfigurement, or protracted loss or impairment of the
function of any bodily organ; paragraph (3) of the definition, committing or
allowing to be committed an act of sexual abuse against the child; subparagraph
(b) of paragraph (4) of the definition, solely as to a child whose physical,
mental, or emotional condition has been impaired or is in imminent danger of
becoming impaired as the result of the failure of the child�s parent or
guardian to exercise a minimum degree of care in providing the child with
proper supervision or guardianship, by unreasonably inflicting or allowing to
be inflicted excessive corporal punishment, or the substantial risk thereof;
paragraph (6) of the definition, for a child upon whom excessive physical
restraint has been used under circumstances which do not indicate that the
child�s behavior is harmful to himself, others, or property; or paragraph (7)
of the definition, for a child who is in an institution and, pursuant to
subparagraph (a) of that paragraph, has been placed there inappropriately for a
continued period of time with the knowledge that the placement has resulted or
may continue to result in harm to the child�s mental or physical well-being or,
pursuant to subparagraph (b) of that paragraph, who has been willfully isolated
from ordinary social contact under circumstances which indicate emotional or
social deprivation.

(cf: P.L.2023, c.177, s.7)

���� 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
]

under the laws of
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
under the laws of this State
, or
any subsequent conviction for another disorderly persons or petty disorderly
persons offense
under the laws of this State
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
under
the laws of this State
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
under the laws of this State
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
]

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 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 person resides or a county in which one or more
of the person�s convictions were 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, 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 any relevant information provided by the
person submitting the application and the prosecutor, including 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.� However, regarding a
determination of compelling circumstances pursuant to paragraph (1) of this
subsection or a determination of compelling circumstances pursuant to any other
part of this section, the person shall not be required to provide transcripts
of plea or sentencing proceedings or be required to provide any presentence
reports with the application or any other filing.

���� 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)
,
if convicted as a crime of the first degree
; N.J.S.2C:17-1 (Arson and
Related Offenses);
paragraph (1) of
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); 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,
or
a conviction pursuant to section 1 of P.L.1997, c.327 (C.2C:35:7.1),
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, or N.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.

����
e. If the person has any
adjudications of juvenile delinquency that may be expunged pursuant to section
1 of P.L.1980, c.163 (C.2C:52-4.1), the person may include such adjudications
in the application filed pursuant to this section.� If the person has any
outstanding court-ordered financial assessments arising from an adjudication of
juvenile delinquency, the provisions set forth in subsection a. of this section
concerning court-ordered financial assessments shall apply.

����
f. If the person has any municipal
ordinance convictions or violations that may be expunged pursuant to
N.J.S.2C:52-4, the person may include such convictions or violations in the application
filed pursuant to this section.� If the person has any outstanding
court-ordered financial assessments arising from a municipal ordinance
conviction or violation, the provisions set forth in subsection a. of this
section concerning court-ordered financial assessments shall apply.

(cf.: P.L.2023, c.260, s.1)

���� 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. (1) 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
]

under the laws of
this State
[
or
any other jurisdiction,
]

may present an expungement application to a court pursuant to this section.�
If
the person has any adjudications of juvenile delinquency that may be expunged
pursuant to section 1 of P.L.1980, c.163 (C.2C:52-4.1), the person may include
such adjudications in the application filed pursuant to this section.

���� (2) 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 in
the county in which the person resides or a county in which one or more of the
person�s convictions were adjudged, pursuant to N.J.S.2C:52-2.

���� 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
]

under the laws of
this State
[
or
any other jurisdiction,
]

may present an expungement application pursuant to this section to 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 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
]

under the laws of
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
and the juvenile delinquency adjudications
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
under the laws of this State

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
and the juvenile delinquency adjudications
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
under
the laws of this State
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
the juvenile
delinquency adjudications
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 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
]
.

���� Additionally, for purposes of
determining eligibility to present an expungement application to the court
pursuant to this section, a conviction for unlawful distribution or dispensing
of, possession with intent to distribute or dispense, or manufacture with
intent to distribute or dispense, drug paraphernalia in violation of
N.J.S.2C:36-3 when the paraphernalia is a hypodermic syringe or needle,
[
or for an
equivalent crime involving a hypodermic syringe or needle 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 using or possessing with intent to use drug paraphernalia in
violation of N.J.S.2C:36-2 when the paraphernalia is a hypodermic syringe or
needle, or possession with intent to use or to distribute a hypodermic syringe
or needle in violation of N.J.S.2C:36-6,
[
of
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
]

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 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
or
juvenile delinquency adjudications
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 person
resides or a county in which one or more of the person�s convictions
or
juvenile delinquency adjudications
were adjudged, which includes a duly
verified petition as provided in N.J.S.2C:52-7 praying that the conviction, or
convictions
or juvenile delinquency adjudications
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, 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
or
juvenile delinquency adjudication
, 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 any relevant information provided by the
person submitting the application and the prosecutor, including 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.� However, regarding a
determination of compelling circumstances pursuant to paragraph (1) of this
subsection or a determination of compelling circumstances pursuant to any other
part of this section, the person shall not be required to provide transcripts
of plea or sentencing proceedings or be required to provide any presentence
reports with the application or any other filing.

����
c. If the person has any municipal
ordinance convictions or violations that may be expunged pursuant to
N.J.S.2C:52-4, the person may include such convictions or violations in the application
filed pursuant to this section.� If the person has any outstanding
court-ordered financial assessments arising from a municipal ordinance
conviction or violation, the provisions set forth in subsection b. of this
section concerning court-ordered financial assessments shall apply.

(cf.:P.L.2023, c.260, s.2)

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

���� 2C:52-4. Ordinances.

����
a.
In all cases wherein
a person has been found guilty of violating a municipal ordinance of any
governmental entity of this State
[
and
who has not been convicted of any prior or subsequent crime, whether within
this State or any other jurisdiction, and who has not been adjudged a
disorderly person or petty disorderly person on more than two occasions
]
,
the
person
may, after the expiration of a period of 2 years from the date of
[
his
]
the person�s
conviction, payment of
[
fine
]

court-ordered
financial assessment
, satisfactory completion of probation or release from
incarceration, whichever is later, present a duly verified petition as provided
in section 2C:52-7 herein to 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 praying that such conviction and all records and information
pertaining thereto be expunged.�
If the person has any adjudications of
juvenile delinquency that may be expunged pursuant to section 1 of P.L.1980, c.163
(C.2C:52-4.1), the person may include such adjudications in the petition filed
pursuant to this section.

����
b. The person, if eligible,
may present the expungement application after the expiration of a period of two
years from the date of 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 term
�court-ordered financial assessment� as used herein and throughout this section
means 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.� Notwithstanding the provisions concerning the two-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
two 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 two years have expired in
accordance with the time requirements when the court finds:

����
(1)� the court-ordered
financial assessment is satisfied but less than two years have expired from the
date of satisfaction, the time requirement of two 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 one but less
than two 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 any relevant information provided by the
person submitting the application and the prosecutor, including 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.� However, regarding a
determination of compelling circumstances pursuant to paragraph (1) of this
subsection or a determination of compelling circumstances pursuant to any other
part of this section, the person shall not be required to provide transcripts
of plea or sentencing proceedings or be required to provide any presentence
reports with the application or any other filing.

(cf: P.L.2023, c.260, s.4)

���� 5.� Section 1 of P.L.1980,
c.163 (C.2C:52-4.1) is amended to read as follows:

���� 1.� a.� Any person adjudged a
juvenile delinquent may have such adjudication expunged as follows:

���� (1)� Pursuant to
N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a
crime if committed by an adult;

���� (2)� Pursuant to
N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a
disorderly or petty disorderly persons offense if committed by an adult; or

���� (3)� Pursuant to
N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an
ordinance violation if committed by an adult.

���� For purposes of expungement,
any act which resulted in a juvenile being adjudged a delinquent shall be
classified as if that act had been committed by an adult.

���� b.��� Additionally, any person
who has been adjudged a juvenile delinquent may have his entire record of
delinquency adjudications expunged
, by application to the Superior Court in
the county in which the person resides or a county in which one or more of the
person�s adjudications were adjudged, which includes a duly verified petition
as provided in N.J.S.2C:52-7,
if:

���� (1)� Three years have elapsed
since the final discharge of the person from legal custody or supervision or
three years have elapsed after the entry of any other court order not involving
custody or supervision, except that periods of post-incarceration supervision
pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered
in calculating the three-year period for purposes of this paragraph;
and

���� (2)�
[
He
]

The person

has not been convicted of a crime, or a disorderly or petty disorderly persons
offense, or adjudged a delinquent, or in need of supervision, during the three
years prior to the filing of the petition, and no proceeding or complaint is
pending seeking such a conviction or adjudication, except that periods of
post-incarceration supervision pursuant to section 25 of P.L.1982, c.77
(C.2A:4A-44), shall not be considered in calculating the three-year period for
purposes of this paragraph;
and

���� (3)�
[
He was never
adjudged a juvenile delinquent on the basis of an act which if committed by an
adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;
]

(Deleted
by amendment, P.L.���� , c.����� (C.���� ) (pending before the Legislature as
this bill)).

���� (4)�
[
He has never
had an adult conviction expunged; and
]

(Deleted by amendment, P.L.���� , c.����� (C.���� ) (pending before the
Legislature as this bill)).

���� (5)�
[
He has never
had adult criminal charges dismissed following completion of a supervisory
treatment or other diversion program
]

(Deleted by amendment, P.L.���� , c.����� (C.���� ) (pending before the
Legislature as this bill))
.

����
(6) Three years have
elapsed since the person�s payment of any court-ordered financial assessment.�
The term �court-ordered financial assessment� as used herein and throughout
this subsection means any fine, fee, penalty, restitution, and other form of financial
assessment imposed by the court as part of the sentence for the adjudications
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.� ������� Notwithstanding the provisions concerning the three-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
three 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 subsection, although less than three years have expired in
accordance with the time requirements when the court finds:

����
(a)�� the court-ordered
financial assessment is satisfied but less than three years have expired from
the date of satisfaction, the time requirement of three 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

����
(b)� at least two but less
than three years have expired from the date of the most recent adjudication,
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 adjudicated delinquent since the time of the most recent
adjudication; 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 subparagraph (a) of this
paragraph, a court may consider any relevant information provided by the person
submitting the application and the prosecutor, including 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.� However, regarding a
determination of compelling circumstances pursuant to subparagraph (a) of this
paragraph or a determination of compelling circumstances pursuant to any other
part of this section, the person shall not be required to provide transcripts
of plea or sentencing proceedings or be required to provide any presentence
reports with the application or any other filing.

���� c.��� Any person who has been
charged with an act of delinquency and against whom proceedings were dismissed
may have the filing of those charges expunged pursuant to the provisions of
N.J.S.2C:52-6.

(cf: P.L.2017, c.245, s.1)

���� 6.� Section 7 of P.L.2019,
c.269 (C.2C:52-5.3) is amended to read as follows:

���� 7.��� �Clean slate�
expungement by petition. a. A person, who is not otherwise eligible to present
an expungement application pursuant to any other section of chapter 52 of Title
2C of the New Jersey Statutes or other section of law, may present an
expungement application to the Superior Court pursuant to this section if the
person has been convicted of one or more crimes, one or more disorderly persons
or petty disorderly persons offenses, one or more municipal violations,
one
or more adjudications of juvenile delinquency,
or a combination of one or
more crimes, offenses,
juvenile adjudications,
or violations under the
laws of this State
[
,
unless the person has a conviction for a crime which is not subject to
expungement pursuant to subsection b. or c. of N.J.S.2C:52-2
]
.�
A
conviction for a crime which is not subject to expungement pursuant to
subsection b. or c. of N.J.S.2C:52-2 shall not be expunged pursuant to this
section, but the person shall be eligible to expunge any other offenses that
are not barred from expungement.
� The person may present an application
pursuant to this section regardless of whether the person would otherwise be
ineligible pursuant to subsection e. of N.J.S.2C:52-14 for having had a
previous criminal conviction expunged, or due to having been granted an
expungement pursuant to this or any other provision of law.

���� b.��� The person, if eligible,
may present the expungement application after the expiration of a period of
[
ten
]

seven

years from the date of the person�s most recent conviction
or juvenile
adjudication
, 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
or juvenile
adjudications
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 person resides or a county in
which one or more of the person�s convictions
or juvenile adjudications

were adjudged, which includes a duly verified petition as provided in
N.J.S.2C:52-7 praying that all the person�s convictions
or juvenile adjudications
,
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.

���� c. (1) Notwithstanding the
provisions concerning the
[
ten
]

seven
-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
[
ten
]

seven

years is otherwise satisfied, the person may submit the expungement application
and the court shall grant an expungement in accordance with this section;
provided, however, that at the time of the expungement 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 collection 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.

���� (2) Additionally, an
application may be filed and presented, and the court shall grant an
expungement pursuant to this section, although less than
[
ten
]

seven

years have expired in accordance with the time requirements when the court
finds that the court-ordered financial assessment is satisfied but less than
[
ten
]

seven

years have expired from the date of satisfaction, the
[
ten
]

seven
-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 the
person�s ability to satisfy the assessment.� In determining whether compelling
circumstances exist for the purposes of this paragraph, a court may consider
any relevant information provided by the person submitting the application and
the prosecutor, including 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.� However, regarding a determination of compelling circumstances
pursuant to this paragraph, the person shall not be required to provide
transcripts of plea or sentencing proceedings or be required to provide any
presentence reports with the application or any other filing.

���� d.��� No expungement
applications may be filed pursuant to this section after the establishment of
the automated �clean slate� process pursuant to subsection a. of section 8 of
P.L.2019, c.269 (C.2C:52-5.4).

(cf: P.L.2023, c.260, s.3)

���� 7.� Section 8 of P.L.2019,
c.269 (C.2C:52-5.4) is amended to read as follows:

���� 8.��� Automated �clean slate�
process. a. (1) The State shall develop and implement an automated process,
based, to the greatest extent practicable, on the recommendations of the task
force established pursuant to subsection b. of this section, by which all convictions
,
municipal ordinance violations, and adjudications of juvenile delinquency
,
and all records and information pertaining thereto, shall be rendered
inaccessible to the public, through sealing, expungement, or some equivalent
process, for any person who has been convicted of one or more crimes, one or
more disorderly persons or petty disorderly persons offenses,
one or more
ordinance violations, one or more juvenile adjudications,
or a combination
of one or more crimes
, violations, adjudications,
and offenses under the
laws of this State,
[
unless
the person has a
]

except for those
conviction
s
for
[
a
]
crime
s
which
[
is
]

are

not subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2,
upon the expiration of a period of
[
ten
]

seven

years from the date of the person�s most recent conviction
or juvenile
adjudication
, 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 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 subject to being rendered inaccessible to
the public, for which payment of restitution takes precedence in accordance
with chapter 46 of Title 2C of the New Jersey Statutes.

���� (2)� The automated process
shall be designed to restore a person�s convictions and other information
contained in the person�s criminal history record information files if the
person is subsequently convicted of a crime, for which the conviction is not
subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2.� A
prosecutor may submit the restored criminal history record information to the
court for consideration at sentencing for the subsequent conviction.

���� (3)� Upon establishment of the
automated process pursuant to this subsection, any pending �clean slate�
expungement petitions filed pursuant to section 7 of P.L.2019, c.269
(C.2C:52-5.3) shall be rendered moot and shall be withdrawn or dismissed in
accordance with procedures established by the Supreme Court.

���� b. (1) (a) There is
established a task force for the purpose of examining, evaluating, and making
recommendations regarding the development and implementation of the automated
process described in subsection a. of this section, by which all of a person�s
convictions, and all records and information pertaining thereto, shall be
rendered inaccessible to the public.

���� (b)� The task force shall
consist of at least the following members:

���� The Chief Technology Officer
of the Office of Information Technology, or a designee or designees;

���� The Attorney General, or a
designee or designees, one or more of whom may be members of the State Bureau
of Identification and the Information Technology Bureau in the Division of
State Police designated by the Superintendent of the State Police;

���� The Administrative Director of
the Courts, or a designee or designees;

���� The Director of Information
Technology for the Administrative Office of the Courts, or a designee or
designees;

���� The Commissioner of the
Department of Corrections, or a designee or designees;

���� The President of the New
Jersey County Jail Wardens Association, or a designee or designees;

���� The President of the New
Jersey State Association of Chiefs of Police, or a designee or designees;

���� Two members of the Senate, who
shall each be of different political parties, appointed by the Governor upon
the recommendation of the Senate President;

���� Two members of the General
Assembly, who shall each be of different political parties, appointed by the
Governor upon the recommendation of the Speaker of the General Assembly;

���� Two members of academic
institutions or non-profit entities appointed by the Governor who each have a
background in, or special knowledge of, computer technology, database
management, or recordkeeping processes; and

���� Four members of the public
appointed by the Governor who each have a background in, or special knowledge
of, the technological, criminal record or legal processes of expungement, or
criminal history recordkeeping, of which two of whom shall be appointed by the
Governor upon recommendation of the Senate President and two of whom shall be
appointed by the Governor upon recommendation of the Speaker of the General
Assembly.

���� (c)�� Appointments to the task
force shall be made within 30 days of the effective date of this section.�
Vacancies in the membership of the task force shall be filled in the same
manner as the original appointments were made.

���� (d)� Members of the task force
shall serve without compensation, but shall be reimbursed for necessary
expenditures incurred in the performance of their duties as members of the task
force within the limits of funds appropriated or otherwise made available to
the task force for its purposes.�

���� (e)�� The task force shall
organize as soon as practicable, but no later than 30 days following the
appointment of its members.� The task force shall choose a chairperson from
among its members and shall appoint a secretary who need not be a member of the
task force.

���� (f)�� The Department of Law
and Public Safety shall provide such stenographic, clerical, and other
administrative assistants, and such professional staff as the task force
requires to carry out its work.� The task force shall also be entitled to call
to its assistance and avail itself of the services of the employees of any
State, county, or municipal department, board, bureau, commission, or agency as
it may require and as may be available for its purposes.

���� (2)� It shall be the duty of
the task force to identify, analyze and recommend solutions to any
technological, fiscal, resource, and practical issues that may arise in the
development and implementation of the automated process described in subsection
a. of this section.� In carrying out these responsibilities, the task force
shall to the extent feasible:

���� (a)�� examine and evaluate the
effectiveness of the design and implementation of automated processes in
Pennsylvania and California and other jurisdictions that have implemented
similar programs, and consult with officials in those jurisdictions concerning
their processes and any technological, fiscal, resource, and practical issues
that they may have encountered, contemplated, or addressed in developing and
implementing those systems; and

���� (b)� consult with non-profit
computer programming organizations such as �Code for America� with expertise in
assisting in the implementation of automated processes and expungement
processing generally, to the extent those organizations make themselves available
for this purpose; and

���� (c)�� identify the necessary
systemic changes, required technology, cost estimates, and possible sources of
funding for developing and implementing the automated process described in
subsection a. of this section.

���� (3) (a) The task force shall
issue a final report of its findings and recommendations to the Governor, and
to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no
later than 180 days after the task force organizes.

���� (b)� The task force shall
expire 30 days after the issuance of its report.

����
(4) Notwithstanding
subparagraph (b) of paragraph (3) of this subsection, the task force shall be
reconstituted and reconvened as otherwise set forth in paragraphs (1) and (2) and
subparagraph (a) of paragraph (3) of this subsection upon the enactment of P.L.����
, c.����� (C.���� ) (pending before the Legislature as this bill) for the
purpose of providing updated findings and recommendations to the Governor and
the Legislature in light of changes and developments in expungement laws and
procedures, including, but not limited to, the implementation of the electronic
filing system established pursuant to section 11 of P.L.2019, c.269
(C.2C:52-10.1), and the automated process established pursuant to subsection a.
of this section.

����
In addition to the
membership set forth in subparagraph (b) of paragraph (1) of this subsection,
the task force shall also include the following members:

����
The Director of the
Juvenile Justice Commission within the Department of Law and Public Safety, or
a designee or designees;

����
The President of the County
Prosecutors Association of New Jersey, or a designee or designees;

����
The Public Defender, or a
designee or designees;

����
The President of Legal
Services of New Jersey, or a designee or designees;

����
The President of the
Association of Criminal Defense Lawyers of New Jersey, or a designee or
designees; and

����
Two members who shall be
New Jersey attorneys-at-law in good standing appointed by the President of the
New Jersey State Bar Association who each have a background in, or special
knowledge of, the practice of criminal defense, post-conviction relief, or expungement
law.

(cf: P.L.2019, c.269, s.8)

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

���� 2C:52-7. Petition for
expungement. Every petition for expungement filed pursuant to this chapter
shall be filed in the Superior Court in the county in which the petitioner
resides or a county in which one or more of the petitioner�s matters were
disposed of, and shall be verified and include:

���� a.��� Petitioner�s date of
birth.

���� b.��� Petitioner�s date of
arrest.

���� c.��� The statute or statutes
and offense or offenses for which petitioner was arrested and of which
petitioner was convicted
or adjudicated delinquent
.

���� d.��� The original indictment,
summons, or complaint number.

���� e.��� Petitioner�s date of
conviction
or adjudication of delinquency,
or date of disposition of the
matter if no conviction
or adjudication of delinquency
resulted.

���� f.���� The court�s disposition
of the matter and the punishment imposed, if any.

(cf: P.L.2023, c.260, s.8)

���� 9. Section 11 of P.L.2019,
c.269 (C.2C:52-10.1) is amended to read as follows:

���� 11. a. (1) No later than
twelve months after the effective date of this section, the Administrative
Office of the Courts shall develop and maintain a system for petitioners to
electronically file expungement applications pursuant to N.J.S.2C:52-1 et seq.�
The e-filing system shall be available Statewide and include electronic filing,
electronic service of process, and electronic document management.

���� (2)� The system shall, in
accordance with N.J.S.2C:52-10, electronically notify and serve copies of the
petition and all supporting documents upon the Superintendent of State Police,
the Attorney General, and each county prosecutor as described in that section.

���� (3)� The system shall
electronically compile a listing of all possibly relevant Judiciary records for
an expungement petitioner and transmit this information to all parties served
with copies of the petition and all supporting documents in accordance with paragraph
(2) of this subsection.

���� b.��� Upon receipt of the
information from the court pursuant to paragraphs (2) and (3) of subsection a.
of this section, the Superintendent of State Police, the Attorney General, and
the county prosecutor of any county in which the person was convicted shall,
within 60 days, review and confirm, as appropriate, the information against the
person�s criminal history record information files
.

[
and
]
�
Any party
reviewing this information shall promptly
notify the court
and the
petitioner
of any inaccurate or incomplete data contained in the
information files,
[
or
]

and if a
party has in its possession the correct or missing data, that party shall promptly
provide the correct or missing data to the court and the petitioner.� Any party
reviewing this information shall also promptly notify the court and the
petitioner
of any other basis for ineligibility, if applicable, pursuant to
N.J.S.2C:52-14.

���� c.��� The court shall provide
copies of an expungement order to the person who is the subject of the petition
and electronically transmit the order to the law enforcement and criminal
justice agencies which, at the time of the hearing on the petition, possess any
records specified in the order in accordance with N.J.S.2C:52-15.

(cf: P.L.2019, c.269, s.11)

���� 10.� 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.

���� c.��� In connection with a
petition under 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.��� Except as set forth in
subsection a. of section 7 of P.L.2019, c.269 (C.2C:52-5.3) concerning a �clean
slate� expungement petition, the 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,

���� (2)� When the person is
seeking the expungement of records pursuant to N.J.S.2C:52-6,
[
or
]

���� (3)� When the person is
seeking the expungement of records of conviction for possession with intent to
use drug paraphernalia pursuant to N.J.S.2C:36-2, when same is a hypodermic
syringe or needle; possession with the intent to distribute drug paraphernalia
pursuant to N.J.S.2C:36-3, when same is a hypodermic syringe or needle; or
possession or distribution of hypodermic syringe or needle pursuant to
N.J.S.2C:36-6
, or

����
(4) When the person is
seeking the expungement of adjudications of juvenile delinquency
.

���� f.���� (Deleted by amendment,
P.L.2017, c.244)

(cf: P.L.2021, c.403, s.2)

���� 11. This act shall take effect
on the first day of the third month next following enactment, but the Attorney
General and the Administrative Director of the Courts may take such
anticipatory action as may be necessary for the timely implementation of this
act.

STATEMENT

���� This bill makes certain
procedural and substantive reforms concerning expungements of criminal records.

���� First, the bill amends the
special probation statute (also known as Recovery Court) to allow a person who
successfully completes the Recovery Court program to have their entire record
expunged, including convictions for indictable crimes, disorderly persons
offenses, municipal ordinance violations, and juvenile offenses.� The bill also
removes the requirement that a person not be convicted of any new crimes while
in Recovery Court in order to be eligible for an expungement, but any new
convictions will not be expunged.� Under current law, Recovery Court
expungements only cover indictable crimes, and a person is eligible for a
Recovery Court expungement only if they have not been convicted of any new
crimes during their participation in the program.�

���� Second, the bill allows an
expungement petitioner to include all municipal ordinance violations and
juvenile delinquency adjudications that may also be eligible to be expunged on
a single petition, along with their other expungeable convictions.� Under current
law, a person must file up to three separate petitions for expungement to cover
indictable crimes and disorderly persons offenses, ordinance violations, and
juvenile records.

���� Third, the bill amends the
list of crimes for which convictions may not be expunged.� Under the bill,
robbery in the second degree becomes expungeable, but robbery in the first
degree remains non-expungeable.� Also under the bill, endangering the welfare
of a child, where the offense did not involve sexual conduct, becomes
expungeable, but convictions involving sexual conduct or child pornography
remain non-expungeable.� Additionally under the bill, a conviction for
possession of controlled substances with intent to distribute within 500 feet
of a public housing facility, public park, or public building, which would
otherwise be a non-expungeable second degree crime, becomes expungeable.

���� Fourth, the bill eliminates a
barrier to expungement posed by out-of-state or federal convictions.� Under
current law, when calculating a person�s eligibility for an expungement,
out-of-state and federal convictions are counted against the total number of
convictions a person may have on their record.� However, at present, there is
no expungement available for federal convictions, and expungement laws vary
from state to state.� Therefore, the bill amends the statutes so that
eligibility is determined only under the laws of this State.

���� Fifth, the bill amends the
electronic filing and review process by which a person seeks an expungement
through the courts.� Under current law, the e-filing system automatically sends
a copy of the petition to the State Police, the Attorney General, and county
prosecutors so that they can review the petition for accuracy and completeness
and, if appropriate, file objections to the expungement.� However, although
these agencies are required to notify the court of any inaccurate or missing
information, they are presently not required to provide copies of the correct
or missing documentation to the petitioner.� The bill requires these agencies
to make copies of these documents available to the petitioner and the court.

���� Sixth, the bill harmonizes the
provisions concerning court-ordered financial assessments across all types of
expungements.� Under current law, a person becomes eligible for an expungement
after a statutory waiting period, which begins to run from the date of release
from incarceration, probation, or parole, or the date that a court-ordered
financial assessment is satisfied, whichever is later.� In 2023, the statutes
concerning expungements for indictable crimes, disorderly persons offenses, and
�Clean Slate� expungements were amended to allow a person to become eligible
for an expungement so long as the statutory waiting period is met, even if the
court-ordered financial assessment is satisfied late.� Alternatively, the 2023
statute revisions also allow a person to become eligible for an expungement by
demonstrating compelling circumstances for non-payment.� Under the bill, these
court-ordered financial assessment provisions are extended to expungements for
municipal ordinance violations and juvenile delinquency adjudications.

���� Seventh, the bill expands the
eligibility of persons with juvenile delinquency records to receive an
expungement.� Under current law, a juvenile who is adjudicated delinquent for
an offense which, if committed by an adult, would constitute a crime that cannot
be expunged would also not be eligible for an expungement.� However, the New
Jersey Supreme Court has recognized, in cases such as
State v. Zuber
,
227
N.J.
422 (2017), and
State v. Comer
, 249
N.J.
359
(2022), that juvenile offenders should not be subject to the same lifetime bars
to post-conviction relief as adult offenders.� Therefore, the bill eliminates
this barrier to expungement for juveniles.

���� Eighth, the bill expands the
availability of �Clean Slate� expungements.� The �Clean Slate� expungement law
passed in 2019 called for the eventual adoption of a system to automatically
expunge convictions after ten years.� Under the bill, the �Clean Slate� law is
extended to include automatic expungement of juvenile adjudications.�
Additionally, under the bill, the waiting period for a �Clean Slate�
expungement is reduced from ten to seven years.� The 2019 �Clean Slate� law
also established a task force to make recommendations concerning how an
automatic expungement system could be implemented.� Because the automatic
system is not yet operational, and in light of revisions to the expungement
laws since 2019, the bill calls for the re-establishment of the task force,
with an expanded membership, to provide the Governor and the Legislature with
updated recommendations.