SENATE, No. 2403

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED SEPTEMBER 18, 2014

 

 

Sponsored by:

Senator  RONALD L. RICE

District 28 (Essex)

 

 

 

 

SYNOPSIS

     Permits immediate expungement of court records when person is acquitted or discharged without conviction, or when charges have been dismissed.

 

CURRENT VERSION OF TEXT

     As introduced.

  

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. Arrests not resulting in conviction.

     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 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) or pursuant to a program of supervisory treatment pursuant to N.J.S.2C:43-12, or conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), shall be barred from the relief provided in this section until six 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.2013, c.158, s.13)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     Under the current provisions of N.J.S.2C:52-6, a person at any time following the disposition of a proceeding may file a petition to have the 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.

     While such post-proceeding action would remain available to the person, the bill would additionally authorize the court to order, upon the person's motion, the immediate expungement of records at the time the person is acquitted or discharged, or when the charges are dismissed.  The bill would also require that the court notify all relevant criminal justice and law enforcement agencies of such immediate expungement order.