Bill > S3553

Introduced Session

The statutory grounds for denial of an application for expungement are enumerated in N.J.S.2C:52-14. Subsection d. of N.J.S.2C:52-14 directs that a petition for expungement shall be denied when the arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body. This bill amends subsection d. of N.J.S.2C:52-14 to bar the denial of relief in cases that qualify for relief under N.J.S.2C:52-6. N.J.S.2C:52-6 is concerned with an arrest or charge that does not result in a conviction, and permits a person against whom charges are dismissed to apply for an expungement. In dismissal-based expungement cases, the ability to obtain an expungement does not need to be impacted by whether or not a civil action is pending, since the ability to file for an expungement is expressly permitted at the time of the dismissal of charges, and access to expunged records remains available even after an expungement is granted, for good cause shown.

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Sandra Cunningham (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 03/05/2019)