Bill
Bill > S4848
summary
Introduced
11/10/2025
11/10/2025
In Committee
11/10/2025
11/10/2025
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill requires expunged records to be made available to certain persons if requested for immigration purposes. Under current law, when a court grants an order of expungement, the records specified in the order are generally removed from the files of the law enforcement and criminal justice agencies which maintained the records. Except under certain limited circumstances, in response to requests for information or records, all officers, departments, and agencies are required to reply to the request that there is "no record information" with respect to the arrest, conviction or related proceedings. The court is required to provide proof of expungement to the person whose records have been expunged or to that person's representative. The granting of an expungement order in New Jersey results in the expunged arrest or conviction being deemed by the State not to have occurred. However, the expungement of records can have unintended consequences for certain individuals who are not United States citizens, as the entry of an expungement order could result in a person being unable to access records needed for an immigration or naturalization matter. With regard to immigration or naturalization matters, federal immigration authorities may still consider certain expunged convictions or arrests. As such, it is essential that a noncitizen pursuing or responding to an immigration or naturalization matter is able to gather accurate and comprehensive criminal records. The bill provides that if a person who is the subject of an order for expungement requests records for the purposes of an immigration or naturalization matter, all records specified in the order of expungement are to be made available to the person, or the person's representative. Under the bill, "immigration or naturalization matter" means any matter which involves any law, action, filing or proceeding related to a person's immigration or citizenship status in the United States.
AI Summary
This bill modifies existing New Jersey law regarding expunged criminal records by creating a specific exception for individuals seeking records for immigration or naturalization purposes. Currently, when a court grants an expungement order, records are typically removed from law enforcement files and agencies are required to state that no record exists if asked about the expunged arrest or conviction. The new provision allows a person whose records have been expunged to request those records specifically for immigration or naturalization matters, enabling them to access previously sealed documents that might be necessary for proving their criminal history when applying for citizenship, visa status, or responding to immigration-related inquiries. The bill defines an "immigration or naturalization matter" as any legal proceeding, action, or filing related to a person's immigration or citizenship status in the United States. This change is designed to help non-citizens navigate potential complications that can arise from expungement, ensuring they have access to comprehensive criminal record information that federal immigration authorities might require. The bill takes effect immediately, with the Attorney General and Administrative Director of the Courts authorized to prepare for its implementation in advance.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 11/10/2025)
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/S4848 |
| BillText | https://pub.njleg.gov/Bills/2024/S5000/4848_I1.HTM |
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