Bill > S4154

Introduced Session

This bill concerns several reforms to expungement eligibility and procedures, some focused on the treatment of various marijuana or hashish possession, distribution, and drug paraphernalia crimes and offenses and others being more generally applicable to any expungement. Notably, the bill would establish: a new "clean slate" process to generally clear a person's entire criminal history, initially by expungement petition and later replaced by an automated "clean slate" process; create a new electronic filing system for all expungements; and appropriate $15,000,000 to the Department of Law and Public Safety to assist with implementation of the reforms. The bill's provisions are almost entirely based upon a combination of the Second Reprint of Senate Bill No. 3205, which passed both Houses of the Legislature on June 10, 2019, and the suggested changes presented in the Governor's Conditional Veto of the bill, which was received by the Senate on August 23, 2019. "Standard" Expungement Process Concerning the "standard" expungement process for criminal convictions, a person's eligibility based upon the number or types of convictions would be broadened in several ways. Under current law, any prior conviction which would cause a person to exceed the numerical cap on convictions to be expunged or which would fall outside the types of "grouped" eligible convictions to be expunged would render a person ineligible to pursue expungement relief. The bill would eliminate ineligibility stemming from any such prior conviction, thereby permitting a person to proceed with an application seeking to expunge a conviction or convictions on the basis of any of the following categories, regardless of any prior conviction of record: - one crime, and the person does not otherwise have any subsequent criminal conviction; - one crime and no more than three disorderly persons or petty disorderly persons offenses, and the person does not otherwise have any subsequent conviction for another crime or offense; - multiple crimes or a combination of one or more crimes and one or more disorderly persons or petty disorderly persons offenses, all listed in a single judgment of conviction, and the person does not otherwise have any subsequent conviction for another crime or offense; or - multiple crimes or a combination of one or more crimes and one or more disorderly persons or petty disorderly persons offenses that occurred as part of a one-time "crime spree," and the person does not otherwise have any subsequent conviction for another crime or offense. As to eligibility based on waiting periods, the current law's six-year time period after which a person may first file an expungement application that includes any criminal conviction or convictions, measured from the date of the most recent conviction, payment of any court-ordered financial assessment (such as a fine or restitution), satisfactory completion of probation or parole, or release from incarceration, whichever is later, would be reduced to five years. This five-year waiting period would also apply to any person who at the time of application had not completed paying all financial assessments, but otherwise satisfied the waiting period, as is currently permitted based on the existing six-year period - any such outstanding financial assessment post-expungement (for this category and other categories of expungement, when specifically available as detailed throughout the statement) would be subject to collection and disbursement by the State Treasurer as described at the end of the statement under the heading Reforms Applicable to All Categories of Expungement. Also subject to reduction by one year, from five years to four years, would be the waiting period for when a person who, having satisfied the financial assessment and all other aspects of sentencing, could make an early application by proving to the court that there are "compelling circumstances" for granting such early expungement (this is currently known as an early, "public interest" expungement). For an application only containing disorderly persons or petty disorderly persons convictions, it would be permitted to include requests for expungement relief addressing up to five convictions, which is one conviction greater than what is currently permitted under the law (if the application is not based upon multiple convictions being entered on the same day or multiple offenses making up a one-time "crime spree," for which no numerical caps exist). Additionally, the general five-year waiting period applicable to the appropriate timing for filing an application addressing only disorderly persons and petty disorderly persons offenses would not prevent a person from filing an application, if at the time of submission, the financial assessment was not paid-off, but all other aspects of sentencing were satisfied for at least five years. Doing so makes consistent all of the various categories of expungement, both under current law and those created by the bill that may involve convictions for disorderly persons and petty disorderly persons offenses, with respect to the potential earlier filing of an expungement application, regardless of outstanding financial assessments. Doing so also clarifies the State Treasurer's authority to engage in post-expungement collection and disbursement of any such outstanding assessments. A person's eligibility under the "standard" expungement process for convictions of either crimes, offenses, or both crimes and offenses based upon not exceeding the aforementioned numerical caps on convictions would be modified concerning how certain marijuana and hashish distribution, possession, and drug paraphernalia crimes and offenses are counted. Any conviction for the following crimes would be considered a lesser conviction of a disorderly persons offense instead of a criminal conviction for purposes of determining eligibility, and thus would only count against the cap on convictions for disorderly persons or petty disorderly persons offenses: - unlawful distribution of, or possessing or having under control with intent to distribute, less than five pounds of marijuana, or less than one pound of hashish, in violation of paragraph (11) or (12) of subsection b. of N.J.S.2C:35-5, 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; and - obtaining or possessing marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10. And any conviction for the following disorderly persons offenses would not be counted at all towards any numerical cap: - obtaining or possessing a small amount of marijuana or hashish in violation of paragraph (4) of subsection a. of N.J.S.2C:35-10, or using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of subsection b. or subsection c. of that section; and - any violation involving marijuana or hashish as described above concerning distribution or possession with intent to distribute, or obtaining or possessing, and using or possessing with intent to use drug paraphernalia with that marijuana or hashish in violation of N.J.S.2C:36-2. The "standard" expungement application process concerning convictions for either crimes, offenses, or both crimes and offenses would be simplified by no longer requiring a separate, duly verified petition for each individual conviction for which expungement relief is sought. The current law already requires a person to list all of the person's convictions for crimes and offenses within each petition, so all such information, which is readily contained in just one petition, need not be repeated in multiple petitions as currently required. For those situations in municipal court when no conviction is entered, due to proceedings being dismissed, the person being acquitted, or the person being discharged without a conviction or finding of guilt, the bill would place responsibility on the municipal court to follow procedures developed by the Administrative Director of the Courts to assist with the expungement. Under the current law, the person involved in the municipal court proceeding is given documentation which the person could use to later file for an expungement. Faster Expungement Process and Court-Initiated Sealing for Various Possession, Distribution, and Drug Paraphernalia Crimes and Offenses An additional category of expungement, as well as a new, court-initiated sealing of records upon disposition of a case (i.e., at sentencing) would be available as a means of more quickly clearing or rendering unavailable a person's record with respect to any number of the above described marijuana or hashish possession, distribution, or drug paraphernalia crimes and offenses: -for any person, who prior to the effective date of the bill, was charged with, convicted of, or adjudicated delinquent for any number of such marijuana or hashish crimes or offenses, other than a larger amount distribution crime in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5, there would be no waiting period before applications could be filed, so long as the person has satisfied payment of any court-ordered financial assessment (with an exception noted below), satisfactorily completed probation or parole, been released from incarceration, or been discharged from legal custody or supervision at the time of application. If a financial assessment is still subject to collection, the person could proceed with the expungement application and be granted relief so long as the remaining factors associated with the conviction are satisfied; -for any person, who on or after the effective date, was charged, convicted, or adjudicated delinquent for any number of such marijuana or hashish crimes or offenses, other than a larger amount distribution crime, and for drug paraphernalia, only violations involving possession of less than one ounce of marijuana, or less than five grams of hashish, the court would order, on its own initiative, the sealing of all records through an "order of nondisclosure" concerning these offenses. The order would be issued immediately upon the disposition of the associated charges, and would cover relevant court and probation records, and law enforcement records. The general unavailability of sealed records would be similar to the legal effect of rendering expunged records unavailable. -for any person, concerning a larger amount distribution crime in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5, regardless of when charged, convicted, or adjudicated delinquent, that person would only be permitted to apply for an expungement after a period of three years, although with the ability to file even if all court-ordered financial assessments were not completely paid off at the time of filing. There would be no authority for a court to issue a sealing order following disposition of a case involving a larger amount distribution crime. "Clean Slate" Process - By Petition, Then Automated The bill would initially establish a new "clean slate" expungement which would permit a person, who is not otherwise eligible to present an expungement application pursuant to any other category of expungement, to expunge any number of convictions for crimes, disorderly persons offenses, petty disorderly persons offenses, or a combination thereof, unless the person has a conviction for a more serious or violent crime which is not subject to expungement pursuant to subsection b. of N.J.S.2C:52-2, or pursuant to subsection c. of that section because the conviction involved a larger amount controlled dangerous substance distribution offense graded as a first or second degree crime. An eligible person could file for "clean slate" expungement relief even if that person had a previous criminal conviction expunged, which is normally a disqualifier for expungement pursuant to subsection e. of N.J.S.2C:52-14. An application for this broad form of expungement relief could be filed after the expiration of a period of ten 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. As with the "standard" waiting period and shorter waiting period for the above described marijuana- and hashish-related offenses, a person could still apply for a "clean slate" expungement, even though at the time of application the court-ordered financial assessments were not completely paid off, so long as that person had otherwise satisfied the "clean slate" ten-year waiting period. This petition-based process would be subsequently replaced by an automated "clean slate" process using the same eligibility criteria concerning the types of convictions that can be expunged. The automated process would be designed to restore a person's entire criminal record if the person was subsequently convicted of a more serious, violent, or distribution crime, for which the conviction is not eligible for expungement pursuant to subsection b. or c. of N.J.S.2C:52-2 as described above. The automated process would be developed and implemented, to the greatest extent practicable, following the recommendations of a task force established by the bill. The task force would include at least 13 members, including several ex-official cabinet members, such as the Attorney General and Commissioner of Corrections, the Administrative Director of the Courts, two Senators and two members of the General Assembly, and four public members. The executive and judicial branch representatives could assign one or more designees to participate in the task force in their place. The task force would be responsible for identifying, analyzing, and recommending solutions to "any technological, fiscal, resource, and practical issues that may arise in the development and implementation of the automated process." It would issue its final report of findings and recommendations to the Governor and Legislature no later than 180 days after it first organized (and thereafter it would expire). Upon establishment of the automated "clean slate" process, no more "clean slate" expungement petitions could be filed in court, and any pending petitions would be rendered moot and be withdrawn or dismissed in accordance with procedures established by the Supreme Court. Reforms Applicable to All Categories of Expungement The bill eliminates the existing court filing fee for all expungement applications (currently $75). To assist with expungement applications, the Administrative Office of the Courts would develop an expungement e-filing system, to be used in the future for all expungement filings, and upon implementation would additionally provide for electronic service of process and document management. Electronic distribution of notices for expungement relief and copies of expungement orders to appropriate law enforcement and criminal justice agencies would also be done by the courts. Upon receipt of information presented through the e-filing system, the Superintendent of State Police, Attorney General, and the county prosecutor of any county in which a person seeking expungement relief was convicted would, within 60 days, review and confirm, as appropriate, the information against their own records and notify the court of any inaccurate or incomplete data contained in the information received, as well as any other basis for the person's ineligibility. Lastly, with respect to the on-going collection of court-ordered financial assessments following the granting of an expungement, when applicable, the bill would transfer responsibility for such collection and disbursement efforts to the State Treasurer. Under current law, the Judiciary continues as the primary collector of monies post-expungement through its comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.). The bill also removes the willful non-payment of court-ordered financial assessments through the comprehensive enforcement program as a reason to nullify an expungement granted by a court, since this program would no longer be involved in the post-expungement collection efforts.

AI Summary

Sandra Cunningham (D)*,  Jamel Holley (D)*,  Angela Mcknight (D)*,  Annette Quijano (D)*,  Verlina Reynolds-Jackson (D)*,  Teresa Ruiz (D)*,  Stephen Sweeney (D)*,  Benjie Wimberly (D)*,  Nicholas Chiaravalloti (D),  Mila Jasey (D),  Britnee Timberlake (D),  Cleopatra Tucker (D),  Shirley Turner (D), 

Approved P.L.2019, c.269. (on 12/18/2019)

Official Document