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  • NJ A4456
  • Directs automatic expungement of records for persons arrested or held to answer for criminal charges resulting from mistaken identity or unlawful use of personal identifying information by another.
Introduced
(1/10/2017)
In Committee
(1/10/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
At present, N.J.S.A. 2C:52-6, in the expungement statute, permits a person who has been arrested or held to answer for a criminal offense to apply to the Superior Court for an expungement of all records and information relating to the arrest or charge, when proceedings against the person are dismissed, the person was acquitted or the person was discharged without a conviction or a finding of guilt. This bill would direct the automatic expungement of all records and information relating to the arrest or charge of such persons if the person was arrested or held to answer for the criminal offense as a result of mistaken identity, or, as a result of another person using the personal identifying information of the person arrested or charged. Under the bill, "mistaken identity" means "the erroneous arrest of a person for a crime as a result of misidentification by a witness or law enforcement, confusion on the part of a witness or law enforcement as to the identity of the person who committed the crime, misinformation provided to law enforcement as to the identity of the person who committed the crime, or some other mistake on the part of a witness or law enforcement as to the identity of the person who committed the crime." The bill further directs the Department of Corrections and any other applicable State or local government agency to expunge its records and reverse any administrative actions taken against a person whose record is pursuant this section. Finally, the bill provides that the provisions of N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an expungement pursuant to this subsection and no fee shall be charged to a person eligible for relief.
Judiciary
Introduced, Referred to Assembly Judiciary Committee  (on 1/10/2017)
 
 

Date Chamber Action Description
1/10/2017 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
None specified