Bill > A4258

Introduced Session

This bill revises the law concerning vacating court orders to expunge criminal records. Under current law, an authorized person may apply to the court to vacate an order of expungement. Such application may be granted if: (1) the application is filed within five years of the entry of the order of expungement; and (2) the person notifies the court that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person who was granted the expungement, which were not revealed to the court at the time of hearing of the original petition; or there was some other statutory disqualification. If these requirements are met, the court will vacate the expungement order and reconsider the original petition in conjunction with the previously undisclosed information. Under the bill, upon petition to the court by the petitioner or an authorized person, the court may also vacate an order of expungement and reconsider the original petition for good cause shown, regardless of the time that has lapsed since the entry of the order for expungement. "Good cause" includes, but is not be limited to:· a change in the circumstances of the person to whom the court granted the order of expungement, which circumstances were not contemplated at the time the order was entered;· it is determined that the defendant is ineligible for expungement;· the person's conviction for a crime or offense involving marijuana or hashish was expunged by operation of law pursuant to N.J.S.A.2C:52-6.1;· the person was convicted of a crime following the entry of the order of expungement;· the person previously filed a petition for, and was granted, post-conviction relief, or has a pending petition for post-conviction relief; or· any other reason the court deems appropriate. Under the bill, if a petition is filed by a party who is not the subject of the expungement order, the petition must be accompanied by proof of service upon the person who is the subject of the order. Any objection is required to be filed within 60 days of the filing of the petition, or else the petition will be deemed unopposed. The court is required to either hold a hearing within 30 days of the filing of an objection. In any case, the court is required to hold a hearing or rule on the petition within 120 days of the filing of the petition.

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Kenyatta Stewart (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 02/19/2026)

Official Document