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Bill > A1362


NJ A1362

NJ A1362
Expands expungement eligibility; eliminates cap on number of convictions person may expunge; eliminates limitation on number of times person may be granted expungement.


summary

Introduced
01/11/2022
In Committee
01/11/2022
Crossed Over
Passed
Dead
01/08/2024

Introduced Session

2022-2023 Regular Session

Bill Summary

This bill would expand, in several ways, expungement eligibility to allow more persons to petition the Superior Court for expungement relief: - It would eliminate the cap on the number of convictions for crimes, disorderly persons offenses, and petty disorderly persons offenses that a person could expunge; - It would eliminate the limitation on the number of times a person could be granted expungement relief based on convictions for crimes, disorderly persons offenses, and petty disorderly persons offenses; - It would allow for convictions of first degree and second degree crimes for the sale or distribution of any form of controlled dangerous substance to be expunged, if the court found that the expungement "is consistent with the public interest" (such expungements are only currently permitted for convictions of either the third degree or fourth degree crime); - It would allow a so-called "young drug offender" (a person who is 21 years of age or younger at the time of committing the offense), who is eligible for expedited expungement relief under current law (see N.J.S.2C:52-5), to be granted such expedited relief even if that offender had violated a condition of probation or parole, has on record a conviction for another crime or violation of the State's drug laws, or had a previous criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program; and - It would repeal N.J.S.2C:52-32, which expresses the current State policy favoring limitations on the availability of expungement relief based on the number of convictions a person has or the number of times expungement relief was previously sought.

AI Summary

This bill would expand expungement eligibility in several ways: 1. It would eliminate the cap on the number of convictions a person can expunge, as well as the limitation on the number of times a person can be granted expungement. 2. It would allow for the expungement of convictions for the sale or distribution of any form of controlled dangerous substance, if the court finds it is consistent with the public interest, not just for third or fourth degree crimes as currently permitted. 3. It would allow a "young drug offender" (a person 21 or younger at the time of the offense) to receive expedited expungement relief even if they had violated probation/parole, had another conviction, or had a prior matter dismissed through a diversion program. 4. It would repeal the current state policy favoring limitations on expungement based on the number of convictions or prior expungements. The bill aims to expand opportunities for expungement, reducing barriers for individuals seeking to clear their records.

Committee Categories

Justice

Sponsors (2)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/11/2022)

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