Bill > A4260

Introduced Session

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

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Kenyatta Stewart (D)*, 

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

Official Document