An Act creating a pilot program for the City of Paterson concerning the disclosure and application of certain expunged records and information for certain employment opportunities.

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

1. a. The Legislature finds and declares:

(1) Many persons who are arrested for or charged with a crime, offense, or violation of a municipal ordinance are not convicted or adjudged guilty, due to the proceedings being dismissed, or the persons being acquitted or discharged without a conviction or finding of guilt;

(2) Additionally, many persons with a conviction or finding of guilt for a disorderly persons offense, petty disorderly persons offense, or violation of a municipal ordinance, all non-indictable actions, can face numerous legal disabilities based on what are often minor infractions of the law;

(3) Among these two sets of persons are those who are of good or reformed character and well qualified to be employed in the judicial branch or with a law enforcement or corrections agency, but who may be prevented from such employment due to their full records and information on their arrest or charge, or conviction or finding of guilt in the case of a non-indictable action, being disclosed to any prospective judicial, law enforcement, or corrections employer under current law, even if such records or information have been expunged;

(4) Such disclosures may be more detrimental than beneficial to both persons affected by the disclosures and this State, should they eliminate too many well qualified persons from employment opportunities in the judicial branch or with a law enforcement or corrections agency;

(5) In order to help determine the appropriateness of preventing the use of arrests or charges that do not result in a conviction or finding of guilt, or the use of convictions or findings of guilt for non-indictable actions with respect to employment opportunities for otherwise qualified candidates seeking employment within the judicial branch or a law enforcement or corrections agency, a pilot program should be undertaken;

(6) The pilot program preventing the use of such records or information should be tested on a smaller scale first, but in a large enough capacity in order to determine whether the idea should be expanded beyond the scope of the pilot program, and perhaps made a permanent and Statewide change;

(7) The City of Paterson represents a suitable selection for the pilot program, balancing a small scale program with the potential for a large amount of usable information, based on the city being one of the most populous municipalities, with a large and active municipal court system and law enforcement and correctional agencies, all providing numerous and wide-ranging employment opportunities for persons with arrests or charges that do not result in a conviction or finding of guilt, or with convictions or findings of guilt for non-indictable actions.

b. (1) There is established a five-year pilot program for the City of Paterson concerning the use of expunged records and information for persons seeking employment within its municipal court system or any of its law enforcement or corrections agencies. Specifically, for five years after the effective date of this section, the provisions of subsection c. of N.J.S.2C:52-27, requiring that a person seeking employment within the municipality's municipal court system or law enforcement or corrections agencies disclose expunged records and information, and requiring that those expunged materials continue to provide a disability notwithstanding the expungement, shall only apply to records and information related to a person's conviction for an indictable offense. The provisions shall not apply to records and information: (a) related to a person's arrest or charge for a crime, offense, or violation of a municipal ordinance not resulting in a conviction or finding of guilt due to the proceedings against the person being dismissed, the person being acquitted, or the person being discharged without a conviction or finding of guilt; or (b) related to a person's conviction or finding of guilt for a disorderly persons offense, petty disorderly persons offense, or violation of a municipal ordinance.

(2) At the conclusion of the five-year period, the City of Paterson shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the implementation of the pilot program, which shall include a recommendation on the advisability of the continuation, modification, expansion, or termination of the program.

2. This act shall take effect on the 90th day following enactment.

STATEMENT

This bill would establish a five-year pilot program for the City of Paterson concerning the disclosure and application of expunged records and information for persons seeking employment within its municipal court system or any of its law enforcement or corrections agencies.

Specifically, for five years, the provisions of subsection c. of N.J.S.2C:52-27, requiring that a person seeking employment within the municipality's municipal court system or law enforcement or corrections agencies disclose expunged records and information, and requiring that those expunged materials continue to provide a disability notwithstanding the expungement, would only apply to records and information related to a person's conviction for an indictable offense (a crime of the fourth degree or higher). The provisions would not apply to records and information: (1) related to a person's arrest or charge for a crime, offense, or violation of a municipal ordinance not resulting in a conviction or finding of guilt; or (2) related to a person's conviction or finding of guilt for a disorderly persons offense, petty disorderly persons offense, or violation of a municipal ordinance.

At the conclusion of the five-year period, the City of Paterson would submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the implementation of the pilot program, which would include a recommendation on the advisability of the continuation, modification, expansion, or termination of the program.

The sponsor notes that the pilot program would offer an opportunity to determine if the current expungement law, requiring disclosure of all expunged information on arrests or charges which do not result in convictions or finding of guilt, or on convictions for non-indictable actions, often being minor infractions of the law, prevents too many persons of good or reformed character, who are otherwise well qualified, from obtaining employment in the judicial branch or with a law enforcement or corrections agency. Depending upon the results reviewed from the pilot program, changing the disclosure requirements for such information could be expanded beyond the scope of the pilot program, and perhaps made a permanent and Statewide change.