Bill > A1881

Introduced Session

This bill would establish a five-year pilot program for the City of Paterson concerning the disclosure and application of expunged records and information for persons seeking employment within its municipal court system or any of its law enforcement or corrections agencies. Specifically, for five years, the provisions of subsection c. of N.J.S.2C:52-27, requiring that a person seeking employment within the municipality's municipal court system or law enforcement or corrections agencies disclose expunged records and information, and requiring that those expunged materials continue to provide a disability notwithstanding the expungement, would only apply to records and information related to a person's conviction for an indictable offense (a crime of the fourth degree or higher). The provisions would not apply to records and information: (1) related to a person's arrest or charge for a crime, offense, or violation of a municipal ordinance not resulting in a conviction or finding of guilt; or (2) related to a person's conviction or finding of guilt for a disorderly persons offense, petty disorderly persons offense, or violation of a municipal ordinance. At the conclusion of the five-year period, the City of Paterson would submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the implementation of the pilot program, which would include a recommendation on the advisability of the continuation, modification, expansion, or termination of the program. The sponsor notes that the pilot program would offer an opportunity to determine if the current expungement law, requiring disclosure of all expunged information on arrests or charges which do not result in convictions or finding of guilt, or on convictions for non-indictable actions, often being minor infractions of the law, prevents too many persons of good or reformed character, who are otherwise well qualified, from obtaining employment in the judicial branch or with a law enforcement or corrections agency. Depending upon the results reviewed from the pilot program, changing the disclosure requirements for such information could be expanded beyond the scope of the pilot program, and perhaps made a permanent and Statewide change.

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Benjie Wimberly (D)*, 

Received in the Senate, Referred to Senate Judiciary Committee (on 06/16/2016)