Amends eligibility for expungement of criminal records.

S3318

SENATE, No. 3318

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Amends eligibility for expungement of criminal
records.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning expungement of criminal records and amending
N.J.S.2C:52-2 and N.J.S.2C:52-7, and supplementing chapter 52 of 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:52-2 is amended
to read as follows:

���� 2C:52-2.���� Indictable
Offenses.

���� a.���� In all cases, except as
herein provided,
or as provided in section 3 of P.L.��� , c.�� (C.������� )
(pending before the Legislature as this bill),
a person may present an
expungement application to the Superior Court pursuant to this section if:

���� the person has been convicted
of one crime under the laws of this State, and does not otherwise have any
subsequent conviction for another crime, whether within this State or any other
jurisdiction. �Subject to the provision of subsection e. of N.J.S.2C:52-14
requiring denial of an expungement petition when a person has had a previous
criminal conviction expunged, a prior conviction for another crime shall not
bar presenting an application seeking expungement relief for the criminal
conviction that is the subject of the application; or

���� the person has been convicted
of one crime and no more than three disorderly persons or petty disorderly
persons offenses under the laws of this State, and does not otherwise have any
subsequent conviction for another crime, or any subsequent conviction for
another disorderly persons or petty disorderly persons offense such that the
total number of convictions for disorderly persons and petty disorderly persons
offenses would exceed three, whether any such crime or offense conviction was
within this State or any other jurisdiction. �Subject to the provision of
subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition
when a person has had a previous criminal conviction expunged, a prior
conviction for another crime, disorderly persons offense, or petty disorderly persons
offense shall not bar presenting an application seeking expungement relief for
the one criminal conviction and no more than three convictions for disorderly
persons or petty disorderly persons offenses that are the subject of the
application; or

���� the person has been convicted
of multiple crimes or a combination of one or more crimes and one or more
disorderly persons or petty disorderly persons offenses under the laws of this
State, all of which are listed in a single judgment of conviction, and does not
otherwise have any subsequent conviction for another crime or offense in
addition to those convictions included in the expungement application, whether
any such conviction was within this State or any other jurisdiction. �Subject
to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an
expungement petition when a person has had a previous criminal conviction
expunged, a prior conviction for another crime, disorderly persons offense, or
petty disorderly persons offense that is not listed in a single judgment of
conviction shall not bar presenting an application seeking expungement relief
for the convictions listed in a single judgment of conviction that are the
subject of the application; or

���� the person has been convicted
of multiple crimes or a combination of one or more crimes and one or more
disorderly persons or petty disorderly persons offenses under the laws of this
State, which crimes or combination of crimes and offenses were interdependent
or closely related in circumstances and were committed as part of a sequence of
events that took place within a comparatively short period of time, regardless
of the date of conviction or sentencing for each individual crime or offense,
and the person does not otherwise have any subsequent conviction for another
crime or offense in addition to those convictions included in the expungement
application, whether any such conviction was within this State or any other
jurisdiction. �Subject to the provision of subsection e. of N.J.S.2C:52-14
requiring denial of an expungement petition when a person has had a previous
criminal conviction expunged, a prior conviction for another crime, disorderly
persons offense, or petty disorderly persons offense that was not
interdependent or closely related in circumstances and was not committed within
a comparatively short period of time as described above shall not bar
presenting an application seeking expungement relief for the convictions of
crimes or crimes and offenses that were interdependent or closely related and
committed within a comparatively short period of time, and that are the subject
of the application.

���� For purposes of determining
eligibility to present an expungement application to the Superior Court
pursuant to this section, a conviction for unlawful distribution of, or
possessing or having under control with intent to distribute, marijuana or
hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5, or a
lesser amount of marijuana or hashish in violation of paragraph (12) of
subsection b. of that section, or a violation of either of those paragraphs and
a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or
subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1), for distributing,
or possessing or having under control with intent to distribute, on or within
1,000 feet of any school property, or on or within 500 feet of the real property
comprising a public housing facility, public park, or public building, or for
obtaining or possessing marijuana or hashish in violation of paragraph (3) of
subsection a. of N.J.S.2C:35-10, or for an equivalent crime in another jurisdiction,
regardless of when the conviction occurred, shall not be considered a
conviction of a crime within this State or any other jurisdiction but shall
instead be considered a conviction of a disorderly persons offense within this
State or an equivalent category of offense within the other jurisdiction, and a
conviction for obtaining, possessing, using, being under the influence of, or
failing to make lawful disposition of marijuana or hashish in violation of
paragraph (4) of subsection a., or subsection b., or subsection c. of
N.J.S.2C:35-10, or a violation involving marijuana or hashish as described
herein and using or possessing with intent to use drug paraphernalia with that
marijuana or hashish in violation of N.J.S.2C:36-2, or for an equivalent crime
or offense in another jurisdiction, regardless of when the conviction occurred,
shall not be considered a conviction within this State or any other
jurisdiction.

���� The person, if eligible, may
present the expungement application after the expiration of a period of five
years from the date of 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 most recent conviction for a
crime was adjudged, which includes a duly verified petition as provided in
N.J.S.2C:52-7 praying that the conviction, or convictions if applicable, and
all records and information pertaining thereto be expunged. �The petition
appended to an application shall comply with the requirements set forth in
N.J.S.2C:52-1 et seq.

���� Notwithstanding the provisions
concerning the five-year time requirement, if, at the time of application, a
court-ordered financial assessment subject to collection under the
comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1
et al.) is not yet satisfied due to reasons other than willful noncompliance,
but the time requirement of five years is otherwise satisfied, the person may
submit the expungement application and the court may grant an expungement;
provided, however, that if expungement is granted the court shall enter a civil
judgment for the unpaid portion of the court-ordered financial assessment in
the name of the Treasurer, State of New Jersey and transfer collections and
disbursement responsibility to the State Treasurer for the outstanding amount
in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1).� The Treasurer
may specify, and the Administrative Office of the Courts shall collaborate
with, the technical and informational standards required to effectuate the
transfer of the collection and disbursement responsibilities. �Notwithstanding
any provision in this law or any other law to the contrary, the court shall
have sole discretion to amend the judgment.�������

���� Additionally, an application
may be filed and presented, and the court may grant an expungement pursuant to
this section, although less than five years have expired in accordance with the
time requirements when the court finds:

���� (1)�� the court-ordered
financial assessment is satisfied but less than five years have expired from
the date of satisfaction, and the time requirement of five years is otherwise
satisfied, and the court finds that the person substantially complied with any
payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due
to compelling circumstances affecting the person�s ability to satisfy the
assessment; or

���� (2)�� at least four but less
than five years have expired from the date of the most recent conviction,
payment of any court-ordered financial assessment, satisfactory completion of
probation or parole, or release from incarceration, whichever is later; and

���� the person has not been
otherwise convicted of a crime, disorderly persons offense, or petty disorderly
persons offense since the time of the most recent conviction; and the court
finds in its discretion that compelling circumstances exist to grant the expungement.
�The prosecutor may object pursuant to section 11 of P.L.2019, c.269
(C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24.

���� In determining whether
compelling circumstances exist for the purposes of paragraph (1) of this
subsection, a court may consider the amount of any court-ordered financial
assessment imposed, the person�s age at the time of the offense or offenses,
the person�s financial condition and other relevant circumstances regarding the
person's ability to pay.

���� b.��� Records of conviction
pursuant to statutes repealed by this Code for the crimes of murder,
manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson,
perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to
commit any of the foregoing, or aiding, assisting or concealing persons accused
of the foregoing crimes, shall not be expunged.

���� Records of conviction for the
following crimes specified in the New Jersey Code of Criminal Justice shall not
be subject to expungement: N.J.S.2C:11-1 et seq. (Criminal Homicide), except
death by auto as specified in N.J.S.2C:11-5 and strict liability vehicular
homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3);
N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6)
(Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human
Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault);
subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the
victim is a minor, subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if
the victim is a minor and the offender is not the parent of the victim,
N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment);
N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); subsection
a. of N.J.S.2C:24-4 (Endangering the welfare of a child by engaging in sexual
conduct which would impair or debauch the morals of the child, or causing the
child other harm); paragraph (4) of subsection b. of N.J.S.2C:24-4
(Photographing or filming a child in a prohibited sexual act or for portrayal
in a sexually suggestive manner); paragraph (3) of subsection b. of
N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual
act or the simulation of an act, or to be portrayed in a sexually suggestive
manner); subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4
(Distributing, possessing with intent to distribute or using a file-sharing
program to store items depicting the sexual exploitation or abuse of a child);
subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Possessing
or viewing items depicting the sexual exploitation or abuse of a child);
section 8 of P.L.2017, c.141 (C.2C:24-4.1) (Leader of a network to share child
sexual abuse or exploitation material); 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, 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.

(cf: P.L.2024, c.92, s.9)

���� 2.��� 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.

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

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

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

����
If a petition is for the
expungement of more than one conviction pursuant to section 3 of P.L.�� , c.���
(C.�������� ) (pending before the Legislature as this bill), the petition shall
include the information set forth in this section for each conviction.

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

���� 3.��� (New section)��� a.�� Notwithstanding
the provisions of N.J.S.2C:52-2 to the contrary, pursuant to this section a
person convicted of more than one crime of the third or fourth degree under the
laws of this State may present a duly verified petition as provided in
N.J.S.2C:52-7 and the court may grant an expungement for each conviction if the
person has not been adjudged a disorderly person or petty disorderly person on
more than two occasions, and has affirmatively demonstrated to the court clear
and convincing evidence of rehabilitation.� In determining whether clear and
convincing evidence of rehabilitation has been demonstrated, the court may
consider the following factors:

���� (1)�� the nature and
seriousness of the crimes;

���� (2)�� the circumstances under
which the crimes occurred;

���� (3)�� the date of the crimes;

���� (4)�� the age of the person
when the crimes were committed;

���� (5)�� the social conditions
which may have contributed to the crimes; and

���� (6)�� Any evidence of
rehabilitation, including good conduct in prison or the community, counseling
or psychiatric treatment received, acquisition of additional academic or
vocational schooling, successful participation in correctional work-release
programs, or the recommendation of persons who have or have had the applicant
under their supervision.

���� Although subsequent
convictions for no more than two disorderly or petty disorderly offenses shall
not be an absolute bar to relief, the nature of the convictions and the
circumstances surrounding them shall be considered by the court and may be a
basis for denial of relief if they or either of them constitute a continuation
of the type of unlawful activity embodied in the criminal convictions for which
expungement is sought.

���� b.��� The provisions of this
section shall not apply to a person convicted of a crime of the first or second
degree, or a sex offense as defined in subsection b. of section 2 of P.L.1994,
c.133 (C.2C:7-2).

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

STATEMENT

���� This bill provides courts with
the authority to grant an expungement in certain circumstances where an
individual would otherwise be disqualified under current law.

���� As provided in N.J.S.2C:52-2,
a person who has been convicted of a crime, or a combination of one crime and
less than four disorderly persons or petty disorderly persons offenses which
were not closely related in circumstances or in time would be eligible to seek
expungement relief.� Alternatively, the person could seek expungement relief if
convicted of more than one crime or a combination of crimes and disorderly
persons or petty disorderly persons offenses which were closely related in
circumstances or in time.�

���� This bill grants individuals
who have been convicted of more than one crime of the third or fourth degree
the opportunity for expungement relief, if it can be demonstrated by clear and
convincing evidence that the individual has been rehabilitated. In determining
whether clear and convincing evidence of rehabilitation has been demonstrated,
the court may consider the following factors:

���� (1)�� the nature and
seriousness of the crimes;

���� (2)�� the circumstances under
which the crimes occurred;

���� (3)�� the date of the crimes;

���� (4)�� the age of the person
when the crimes were committed;

���� (5)�� the social conditions
which may have contributed to the crimes; and

���� (6)�� any evidence of
rehabilitation, including good conduct in prison or the community, counseling
or psychiatric treatment received, acquisition of additional academic or
vocational schooling, successful participation in correctional work-release
programs, or the recommendation of persons who have or have had the applicant
under their supervision.

���� This bill would not apply to
an individual who has been convicted of a crime of the first or second degree,
or a sex offense as defined in subsection b. of section 2 of P.L.1994, c.133
(C.2C:7-2).