S2513

An Act concerning criminal history background information and expungements and amending P.L.1985, c.169.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1985, c.169 (C.53:1-20.6) is amended to read as follows:

2. a. The Superintendent of State Police, with the approval of the Attorney General, shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations authorizing the dissemination, by the State Bureau of Identification, of criminal history record background information requested by State, county and local government agencies, including the Division of State Police, in noncriminal matters, or requested by individuals, nongovernmental entities or other governmental entities whose access to such criminal history record background information is not prohibited by law. A fee not to exceed $30 shall be imposed for processing fingerprint identification checks; a fee not to exceed $18 shall be imposed for processing criminal history name search identification checks. These fees shall be in addition to any other fees required by law. In addition to any fee specified herein, a nonrefundable fee, the amount of which shall be determined by the Superintendent of State Police, with the approval of the Attorney General, shall be collected to cover the cost of securing and processing a federal criminal records check for each applicant.

b. State, county and local government agencies, including the Division of State Police, and nongovernmental entities are authorized to impose and collect the processing fee established pursuant to subsection a. of this section from the person for whom the criminal history record background check is being processed or from the party requesting the criminal history record background check. The Superintendent of State Police shall provide this processing service without the collection of fees from the applicants in processing background checks of prospective resource family parents or members of their immediate families. In such cases, the Department of Children and Families shall be responsible for paying the fees imposed pursuant to subsection a. of this section. Nothing in this section shall prohibit the Superintendent of State Police, with the approval of the Attorney General, from providing this processing service without the collection of fees from the applicant in other circumstances which in his sole discretion he deems appropriate, if the applicants would not receive a wage or salary for the time and services they provide to an organization or who are considered volunteers. In those circumstances where the Superintendent of State Police, with the approval of the Attorney General, determines to provide this processing service without the collection of fees to the individual applicants, the superintendent may assess the fees for providing this service on behalf of the applicants to any department of State, county or municipal government which is responsible for operating or overseeing that volunteer program. The agencies shall transfer all moneys collected for the processing fee to the Division of State Police.

c. Upon receipt of a request for criminal history record background information, the State Bureau of Identification shall verify whether the person to whom the background information pertains has been granted an order of expungement by the Superior Court pursuant to N.J.S.2C:52-1 et seq. which has not yet been processed by the State Bureau of Identification. In the case of an unprocessed order of expungement, the State Bureau of Identification shall update its records to reflect the expungement prior to disseminating criminal history record background information pursuant to subsection a. of this section.

(cf: P.L.2006, c.47, s.200)

2. This act shall take effect immediately.

STATEMENT

This bill prohibits the State Bureau of Identification in the Division of State Police (SBI) from disseminating criminal history record background information about a person with an unprocessed order of expungement whose record needs to be updated to reflect the expungement.

An order of expungement is issued by the Superior Court upon successful application by an eligible person. Under current law, the SBI is authorized to disseminate criminal history record background information upon request, but the statute is silent with regard to updating records to reflect expungement orders. This bill would specify that prior to disseminating background information, the SBI is required to: (1) determine whether the person to whom the background information pertains has an unprocessed order of expungement; and (2) update its records to reflect the expungement.

This bill is intended to ensure that when there is a backlog of unprocessed expungement requests, the SBI does not provide incorrect background information, which may preclude an otherwise eligible person from employment, licensing, a volunteer position, or any other purpose for which criminal history record background information is sought.