summary
Introduced
05/15/2025
05/15/2025
In Committee
05/15/2025
05/15/2025
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill imposes restrictions on background check providers, increases penalties for the wrongful dissemination of expunged records, and imposes duties on professional boards concerning expunged records. Under current law, N.J.S.A.2C:52-30, the wrongful disclosure of an expunged record is a disorderly persons offense. A disorderly persons offense is ordinarily punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. However, N.J.S.A.2C:52-30 currently limits the fine to $200. Under the bill, a private background check provider is required to ensure that it only reports on information received from the State Bureau of Investigation of the State Police, or the Judiciary, within the last 30 days, promptly delete an expunged record that it knows to be expunged, and provide for a free means by which an individual may request a correction to their background check, including the deletion of an expunged record within 30 days of the request. In addition, the bill eliminates the $200 limit on fines and further provides individuals who are the subject of a wrongfully disclosed expunged records with a civil right of action. The bill also requires the State Police and the Judiciary to adopt rules or regulations to ensure that persons or entities who regularly access criminal history records, which includes but is not limited to private background check providers, comply with N.J.S.A.2C:52-30 concerning the non-disclosure of expunged records. Finally, the bill provides that if a professional licensing board in the Division of Consumer Affairs suspends or revokes a license due to a criminal conviction, and that conviction is later expunged, the professional licensing board is required to redact or seal any reference to the expunged conviction in its records of suspension or revocation; however, the fact of suspension or revocation itself is not expunged. This requirement under the bill is intended to mitigate the effects E.A. v. Real Estate Comm'n., 208 N.J. Super. 65 (App. Div. 1986), concerning licensing records that contain references to expunged convictions.
AI Summary
This bill imposes new restrictions on the handling and disclosure of expunged criminal records in New Jersey. It requires background check providers to only report criminal records received from official state sources within the last 30 days, promptly delete known expunged records, and provide individuals with a free method to request corrections to their background checks within 30 days. The bill increases penalties for wrongful disclosure of expunged records, allowing individuals to seek $5,000 per violation or actual damages, plus legal costs. It removes the previous $200 fine limit for disclosing expunged records and makes it a disorderly persons offense. Additionally, the bill requires professional licensing boards to redact references to expunged convictions in their records while maintaining the fact of any disciplinary action. The legislation also empowers the State Police to suspend or restrict access to criminal records for entities found to have improperly disclosed expunged records, and mandates that such suspended entities be published on the State Police website. These provisions aim to protect individuals' privacy and mitigate the long-term consequences of expunged criminal records by limiting their continued visibility and potential use against the individuals who have had their records cleared.
Committee Categories
Justice
Sponsors (3)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 05/15/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/A5669 |
| BillText | https://pub.njleg.gov/Bills/2024/A6000/5669_I1.HTM |
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