Bill > S3540

Introduced Session

This bill broadens the discretion of the court in deciding whether an automatic expungement is appropriate in criminal cases involving domestic violence where proceedings against the person are dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt. Currently, under N.J.S.A.2C:52-6, when 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 proceedings against the person are dismissed, the person is acquitted, or the person is discharged without a conviction or finding of guilt, the Superior Court is directed to order the expungement of all records and information relating to the arrest. If proceedings took place in municipal court, the municipal court is directed to follow procedures developed by the Administrative Director of the Courts. Those procedures, found in Supplement to Directive #02-16 require Criminal, Family and Municipal Courts to order an expungement of all related records and information at the time of dismissal, acquittal, or discharge without a conviction or adjudication of delinquency (including juvenile diversion). The bill amends N.J.S.A.2C:52-6 to provide that, in cases involving domestic violence, the court is granted discretion, at the time of the dismissal, acquittal or discharge, following an objection by the county prosecutor, to bar the relief until six months after the entry of the order of dismissal This discretion would extend to proceedings in the municipal court. It is the sponsor's view that victims of domestic violence can be intimidated or coerced into withdrawing charges against an abuser, or refusing to cooperate in the prosecution of criminal charges, resulting in the dismissal of charges or acquittal and eligibility for the immediate expungement of the arrest that did not result in a conviction. The automatic expungement of all records and information relating to an arrest involving domestic violence permitted under this law can result in the same defendant appearing before the court multiple times on new domestic violence charges with no prior arrest record for the court to consider.

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Vin Gopal (D)*,  Patrick Diegnan (D), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 09/12/2024)

Official Document