On January 19, 2016, Governor Christie signed Assembly Committee Substitute for A-206, 471, 1663, 2879, 3060, and 3108 into law as P.L. 2015, c.261. The new law takes effect on April 18, 2016.
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How long is the waiting period for Indictable (i.e. felony) conviction under the New 2016 New Jersey Expungement Law?
Indictable Offense(s) (Crime(s)) – Ten (10) years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, WHICHEVER IS LATER. Note: The recently amended New Jersey Statute now states that a 5-year waiting requirement for indictable offenses is permitted if the court finds that expungement is in the public interest. Under this “early pathway” scenario, the petitioner has the burden of proving to the court that expungement is in the best interest of the public. Therefore, as stated in N.J.S.A. 2C:52:2(2), a person seeking an “early pathway expungement must “at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later..[.]” The new law authorizes the court to order the expungement of up to two disorderly persons or petty disorderly persons convictions along with the expungement of a crime. Under the law, each conviction sought to be expunged must be supported by a separate verified petition and must comply with the requirements of N.J.S.A.2C:52-1 et seq.
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How long is the waiting period for a disorderly persons or PDP (i.e. misdemeanor) conviction under the New 2016 New Jersey Expungement Law?
Disorderly Persons Offense(s) and Petty Disorderly Offense(s) (Misdemeanors) – Five (5) years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, WHICHEVER IS LATER. Note: The recently amended 2016 New Jersey Statute now states that a 3-year waiting requirement for a disorderly persons offense or petty disorderly persons offense is permitted if the court finds that expungement is in the public interest. Under this “early pathway” scenario, the petitioner has the burden of proving to the court that expungement is in the best interest of the public. Therefore, as stated in N.J.S.A. 2C:52:3, a person seeking an “early pathway expungement must “at least three years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later..[.]” Additionally, the law allows a person to seek the expungement of up to three disorderly persons or petty disorderly persons convictions in a single application to the court, although a separate verified petition must be presented for each conviction and must comply with the requirements of N.J.S.A.2C:52-1 et seq. Alternatively, the court could grant an expungement on an application if less than three years has expired from the payment of any fine, but the three-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.
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How long is the waiting period for a dismissal, acquittal, discharge or no finding of guilt under the New 2016 New Jersey Expungement Law?
Dismissal, Acquittal, Discharge Without a Conviction or Finding of Guilt. (Arrest) – from the entry of the order of dismissal Note: The recently amended 2016 New Jersey Statute now states that a person that has been arrested or held to answer for a crime or any lesser offense and the proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt shall be ordered an expungement by the court at the time of dismissal (without a waiting period) upon proper application to the Superior Court pursuant to procedures developed by the Administrative Office of the Courts. There is no fee to apply for an expungement pursuant to procedures developed by the Administrative Office of the Courts. However, if the petitioner does not apply for an expungement at the time of dismissal, the petitioner must file a a duly verified petition as provided in N.J.S.A.2C:52-7 to the Superior Court. There is no fee to apply for an expungement of an arrest or charge not resulting in a conviction where a petition is filed after the court’s disposition. Additional Note: The law provides that an expungement under this section shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement resulting in the conviction of other charges, but that this bar does not apply once the conviction resulting from the plea agreement is expunged.
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Who will be able to view records and information after a petitioner’s record is expunged under the New 2016 New Jersey Expungement Law?
The new expungement law includes additional government agencies to the statutory list of parties within the criminal justice system that may still view such records and information. Now, along with the courts, the county prosecutors, the Probation Division of the Superior Court, and the Attorney General, the Pretrial Services Program making pretrial release recommendations on certain persons undergoing the release determination process set forth in sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.) will also be able to examine expunged records and information.
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What is the law pertaining to the special probation drug court program under the New 2016 New Jersey Expungement Law?
The new expungement law amends N.J.S.A.2C:35-14 to authorize the Superior Court to order the expungement of all records relating to all prior arrests, detentions, convictions, and proceedings for any Title 2C offense upon a person’s successful discharge from a term of special probation, regardless of whether the person was sentenced to special probation under N.J.S.A.2C:35-14, N.J.S.A.2C:35-14.2, or N.J.S.A.2C:45-1, if the person satisfactorily completed a substance abuse treatment program and was not convicted of any crime, or adjudged a disorderly person or petty disorderly person, during the term of special probation. The petitioner does not have to submit a verified petition. There is no fee for an order of expungement under section 1 for special probation. The court must grant the expungement unless it finds that the need for the availability of the records outweighs the desirability of having the person freed from any disabilities associated with their availability, or it finds that the person is ineligible for expungement because the person’s records include a conviction for an offense barred from expungement. The drug court graduate or the Public Defender, if applicable, is responsible for distributing copies of the expungement order to appropriate agencies who have custody and control of the records specified in the order. Lastly, the new law provides that a person who, prior to the law’s effective date, was successfully discharged from a term of special probation may seek an expungement of all records relating to all arrests, detentions, convictions, and proceedings for any Title 2C offense that existed at the time of discharge by filing a verified petition pursuant to N.J.S.A.2C:52-7 for each crime or offense sought to be expunged. Under the law, consideration of the petition would proceed pursuant to N.J.S.A.2C:52-1 et seq., except that the requirements related to the expiration of the time periods specified in N.J.S.A.2C:52-2 through N.J.S.A.2C:52-4.1 do not apply. This section of the law contains additional requirements related to the person’s eligibility for expungement and the court’s consideration of the expungement application. The law provides that no fee can be charged to a person seeking a post-discharge expungement under its provisions.