Bill > S1745

Introduced Session

This bill provides courts with the authority to grant an expungement in certain circumstances where an individual would otherwise be disqualified under current law. As provided in N.J.S.2C:52-2, an individual may only be granted an expungement if the individual has not been convicted of more than one crime and has not been convicted of a disorderly persons or petty disorderly persons offense on more than two occasions. This bill grants individuals who have been convicted of more than one crime of the third or fourth degree the opportunity for expungement, if it can be demonstrated by clear and convincing evidence that the individual has been rehabilitated. In determining whether clear and convincing evidence of rehabilitation has been demonstrated, the court may consider the following factors: (1) the nature and seriousness of the crimes; (2) the circumstances under which the crimes occurred; (3) the date of the crimes; (4) the age of the person when the crimes were committed; (5) the social conditions which may have contributed to the crimes; and (6) any evidence of rehabilitation, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision. This bill would not apply to an individual who has been convicted of a crime of the first or second degree, or a sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2).

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Shirley Turner (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 03/07/2016)