summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 strengthens protections for individuals whose records have been expunged, meaning they have been legally cleared and removed from public access. It imposes new duties on private background check providers, requiring them to only report recent information from official sources like the State Bureau of Investigation or the Judiciary, and to promptly remove any expunged records they become aware of. These providers must also offer a free and timely way for individuals to request corrections to their background checks, including the deletion of expunged records. The bill significantly increases penalties for wrongfully disclosing expunged records, removing a previous $200 fine limit and allowing individuals to sue for damages, costs, and attorney fees. Furthermore, professional licensing boards, such as those overseeing real estate or other professions, will be required to remove or seal references to expunged convictions from their disciplinary records, even if the underlying disciplinary action itself is not expunged, addressing a previous legal precedent that allowed such references to remain public. The bill also mandates that the State Police and the Judiciary implement rules to ensure compliance with these expungement disclosure restrictions by entities that regularly access criminal history records.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)
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/2026/S2873 |
| BillText | https://pub.njleg.gov/Bills/2026/S3000/2873_I1.HTM |
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