S3104

An Act concerning records related to orders of expungement and amending N.J.S.2C:52-15.

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

1. N.J.S.2C:52-15 is amended to read as follows:

2C:52-15. a. Except as otherwise provided in [subsection b. of] this section, if an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the law enforcement and criminal justice agencies which, at the time of the hearing of the petition, possess the records and shall be placed in the control of a person who has been designated by the head of each such agency. That designated person shall, except as otherwise provided in this chapter, ensure that such records or the information contained therein are not released for any reason and are not utilized or referred to for any purpose. In response to requests for information or records of the person who was arrested or convicted, all officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information. The court shall provide proof of expungement to the person whose records have been expunged or to that person's representative.

b. Records of the Probation Division of the Superior Court related to any court-ordered financial assessment that remains due at the time the court grants an expungement or sealing of records shall be transferred to the New Jersey Department of Treasury for the collection and disbursement of future payments and satisfaction of judgments in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1). The term "court-ordered financial assessment" as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the expungement or sealing order, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole authority to amend the judgment concerning the amount of any court-ordered financial assessment that remains due at the time the court grants an expungement or sealing of records.

c. For the purposes of an immigration or naturalization matter, upon the request of a person who is the subject of an order of expungement of records of arrest or conviction granted under this chapter, all records specified in the order of expungement shall be made available to the person or to the person’s representative.

As used in this section, “immigration or naturalization matter” shall have the same meaning as provided in section 1 of P.L.1997, c.1 (C.2C:21-31).

(cf: P.L.2019, c.269, s.13)

2. This act shall take effect immediately, but the Attorney General and Administrative Director of the Courts may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

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.