Sponsored by:

Assemblyman GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman THOMAS P. GIBLIN

District 34 (Essex and Passaic)

SYNOPSIS

Permits immediate expungement of court records where the person is acquitted or discharged or where the charges have been dismissed.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act concerning expungement and amending N.J.S.2C:52-6.

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

1. N.J.S.2C:52-6 is amended to read as follows:

2C:52-6. a. In all cases, except as herein provided, wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt[,]: (1) the court may, upon motion of the defense, at the time of dismissal, acquittal or discharge, order the expungement of all records and information relating to the arrest. All relevant criminal justice and law enforcement agencies required to be notified pursuant to N.J.S.2C:52-10 shall be immediately notified of the expungement order; or (2) the person may at any time following the disposition of proceedings, present a duly verified petition as provided in [section] N.J.S.2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged.

b. Any person who has had charges dismissed against him pursuant to [P.L.1970, c.226, s.27 (C.24:21-27)] N.J.S.2C:36A-1 or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.

c. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.

(cf: P.L.1979, c.178, s.113).

2. This act shall take effect immediately.

STATEMENT

Under the current provisions of N.J.S.2C:52-6, any individual at any time following the disposition of a proceeding may file a petition to have his records expunged when the proceedings have been dismissed, when the person has been acquitted or when the person's case has been discharged without a conviction or a finding of guilt. This bill enhances this section by also authorizing the court to order the expungement of records in cases where a person is acquitted or discharged, or where charges are dismissed. The court would be required to notify all relevant criminal justice and law enforcement agencies of the expungement order.