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A4260
ASSEMBLY, No. 4260
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblyman� KENYATTA STEWART
District 35 (Bergen and Passaic)
Assemblywoman� ANNETTE QUIJANO
District 20 (Union)
Assemblywoman� ELLEN J. PARK
District 37 (Bergen)
SYNOPSIS
���� Requires expunged records to be accessible for
immigration purposes.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning
records related to orders of
expungement and amending N.J.S.2C:52-15.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� N.J.S.2C:52-15 is
amended to read as follows:
���� 2C:52-15. a. Except as
otherwise
provided in
[
subsection
b. of
]
this section, if an order of expungement of records of arrest or conviction
under this chapter is granted by the court, all the records specified in said
order shall be removed from the files of the law enforcement and criminal
justice agencies which, at the time of the hearing of the petition, possess the
records and shall be placed in the control of a person who has been designated
by the head of each such agency.� That designated person shall, except as
otherwise provided in this chapter, ensure that such records or the information
contained therein are not released for any reason and are not utilized or
referred to for any purpose.� In response to requests for information or
records of the person who was arrested or convicted, all officers, departments
and agencies shall reply, with respect to the arrest, conviction or related
proceedings which are the subject of the order, that there is no record
information.� The court shall provide proof of expungement to the person whose
records have been expunged or to that person's representative.
���� b.��� Records of the Probation
Division of the Superior Court related to any court-ordered financial
assessment that remains due at the time the court grants an expungement� or
sealing of records shall be transferred to the New Jersey Department of
Treasury for the collection and disbursement of future payments and
satisfaction of judgments in accordance with section 8 of P.L.2017, c.244
(C.2C:52-23.1).� 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 expungement or sealing order, for which payment of restitution
takes precedence in accordance with chapter 46 of Title 2C of the New Jersey
Statutes.� 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 authority to amend the judgment
concerning the amount of any court-ordered financial assessment that remains
due at the time the court grants an expungement or sealing of records.
����
c.���� For the purposes of
an immigration or naturalization matter, upon the request of a person who is
the subject of an order of expungement of records of arrest or conviction
granted under this chapter, all records specified in the order of expungement
shall be made available to the person or to the person�s representative.
����
As used in this section,
�immigration or naturalization matter� shall have the same meaning as provided
in section 1 of P.L.1997, c.1 (C.2C:21-31).
(cf: P.L.2019, c.269, s.13)
���� 2. �This act shall take effect
immediately, but the Attorney General and Administrative Director of the Courts
may take such anticipatory administrative
action in advance as shall be necessary for
the implementation of the act.
STATEMENT
���� This bill requires expunged
records to be made available to certain persons if requested for immigration
purposes.
���� Under current law, when a
court grants an order of expungement, the records specified in the order are
generally removed from the files of the law enforcement and criminal justice
agencies which maintained the records. Except under certain limited circumstances,
in response to requests for information or records, all officers, departments,
and agencies are required to reply to the request that there is �no record
information� with respect to the arrest, conviction or related proceedings.�
The court is required to provide proof of expungement to the person whose
records have been expunged or to that person's representative.
���� The granting of an expungement
order in New Jersey results in the expunged arrest or conviction being deemed
by the State not to have occurred. However, the expungement of records can have
unintended consequences for certain individuals who are not United States
citizens, as the entry of an expungement order could result in a person being
unable to access records needed for an immigration or naturalization matter.�
With regard to immigration or naturalization matters, federal immigration
authorities may still consider certain expunged convictions or arrests.� As
such, it is essential that a noncitizen pursuing or responding to an
immigration or naturalization matter is able to gather accurate and
comprehensive criminal records.
���� The bill provides that if a
person who is the subject of an order for expungement requests records for the
purposes of an immigration or naturalization matter, all records specified in
the order of expungement are to be made available to the person, or the
person�s representative. Under the bill, �immigration or naturalization matter�
means any matter which involves any law, action, filing or proceeding related
to a person's immigration or citizenship status in the United States.