summary
Introduced
05/22/2025
05/22/2025
In Committee
05/22/2025
05/22/2025
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 of expunged criminal records to protect individuals' privacy and prevent the improper disclosure of past legal proceedings that have been officially erased. The bill requires private background check providers to only report criminal records received from official state sources within the last 30 days, promptly delete any known expunged records, and provide individuals with a free method to request corrections to their background checks within 30 days. It eliminates the previous $200 fine limit for wrongfully disclosing expunged records and instead establishes a $5,000 penalty per violation or actual damages, whichever is greater, and allows individuals to pursue civil action. The legislation also mandates that professional licensing boards redact references to expunged convictions in their records while maintaining the record of any disciplinary action, and requires the State Police and Judiciary to create rules for ensuring compliance with expungement laws. Additionally, the bill gives the State Police the authority to suspend or restrict access for entities found to have improperly disclosed expunged records, and requires publishing a list of such suspended entities on their website. The changes are designed to provide stronger protections for individuals whose criminal records have been legally expunged, ensuring that past legal issues do not continue to unfairly impact their opportunities.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 05/22/2025)
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/S4497 |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4497_I1.HTM |
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