Revises law concerning vacating court orders to expunge criminal records.

S4310

SENATE, No. 4310

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 21, 2026

Sponsored by:

Senator� JON M. BRAMNICK

District 21 (Middlesex, Morris, Somerset and Union)

Senator� RAJ MUKHERJI

District 32 (Hudson)

SYNOPSIS

���� Revises law concerning vacating court orders to
expunge criminal records.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning vacating
orders of expungement and
amending N.J.S.2C:52-26.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� N.J.S.2C:52-26 is
amended to read as follows:

���� 2C:52-26.� Vacating of orders
of sealing;� time;� basis

���� If,
[
within 5 years of
]

following

the entry of an expungement order,
a person who is the subject of the
expungement order, or
any party to whom notice is required to be given
pursuant to section
[
2C:52-10
]

N.J.S.2C:52-10:

����
a.���� within five years
of the entry of the expungement order,
notifies the court which issued the
order that at the time of the petition or hearing there were criminal,
disorderly persons or petty disorderly persons charges pending against the
person to whom the court granted such order, which charges were not� revealed
to the court at the time of hearing of the original
[
motion
]

petition
or that� there
was some other statutory disqualification, said court shall vacate the�
expungement order in question and reconsider the original
[
motion
]

petition

in conjunction� with the previously undisclosed information
; or

����
b.��� petitions to the
court to vacate the expungement order, the court may, for good cause shown,
vacate the expungement order and reconsider the original petition, regardless
of the time that has lapsed since the entry of the expungement order.� For the
purposes of this subsection, �good cause� shall include, but is not limited to:

����
(1) a change in the
circumstances of the person to whom the court granted the order of expungement,
which circumstances were not contemplated at the time the order was entered;

����
(2) it is determined that
the person is ineligible for expungement;

����
(3) the person�s conviction
for a crime or offense involving marijuana or hashish was expunged by operation
of law pursuant to

section 60 of P.L.2021, c.16 (C.2C:52-6.1);

����
(4)�� the person was
convicted of a crime following the entry of the order of expungement;

����
(5)�� the person previously
filed a petition for, and was granted, post-conviction relief, or has a pending
petition for post-conviction relief; or

����
(6) any other reason the
court deems appropriate

����
c.���� In the filing of a
petition pursuant to this section:

����
(1) unless otherwise
ordered by the court, a petition filed by a party who is the subject of the
expungement order may be filed in accordance with section 11 of P.L.2019, c.269
(C.2C:52-10.1);

����
(2) a petition filed by a
party who is not the subject of the expungement order shall be accompanied by
proof of service upon the person who is the subject of the expungement order.

����
d.��� Any objection to a
petition shall be filed within 60 days of the filing of the petition.� The
court shall hold a hearing on the petition within 30 days of the filing an
objection.�

����
If no response is filed to
a petition pursuant to this section within 60 days, the petition shall be
deemed unopposed.� The court shall either schedule a hearing or issue a ruling
on the petition within 120 days of the filing of the petition
.

(cf: P.L.1979, c. 178, s. 133)

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

STATEMENT

���� This bill revises the law
concerning vacating court orders to expunge criminal records.

���� Under current law, an
authorized person may apply to the court to vacate an order of expungement.�
Such application may be granted if: (1) the application is filed within five
years of the entry of the order of expungement; and (2) the person notifies the
court that at the time of the petition or hearing there were criminal,
disorderly persons or petty disorderly persons charges pending against the
person who was granted the expungement, which were not revealed to the court at
the time of hearing of the original petition; or there was some other statutory
disqualification.� If these requirements are met, the court will vacate the
expungement order and reconsider the original petition in conjunction with the
previously undisclosed information.

���� Under the bill, upon petition
to the court by the petitioner or an authorized person, the court may also
vacate an order of expungement and reconsider the original petition for good
cause shown, regardless of the time that has lapsed since the entry of the
order for expungement.� �Good cause� includes, but is not be limited to:

�

a change in the circumstances of the person to whom the court
granted the order of expungement, which circumstances were not contemplated at
the time the order was entered;

�

it is determined that the defendant is ineligible for
expungement;

�

the person�s conviction for a crime or offense involving
marijuana or hashish was expunged by operation of law pursuant to
N.J.S.A.2C:52-6.1;

�

the person was convicted of a crime following the entry of the
order of expungement;

�

the person previously filed a petition for, and was granted,
post-conviction relief, or has a pending petition for post-conviction relief;
or

�

any other reason the court deems appropriate.

���� Under the bill, if a petition
is filed by a party who is not the subject of the expungement order, the
petition must be accompanied by proof of service upon the person who is the
subject of the order.� Any objection is required to be filed within 60 days of
the filing of the petition, or else the petition will be deemed unopposed.� The
court is required to either hold a hearing within 30 days of the filing of an
objection.� In any case, the court is required to hold a hearing or rule on the
petition within 120 days of the filing of the petition.