ASSEMBLY JUDICIARY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 3287

 

STATE OF NEW JERSEY

 

DATED:  MAY 20, 2024

 

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 3287.

      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.

     Under the bill, for a period of five years, the provisions of subsection c. of N.J.S.2C:52-27, requiring that a person seeking certain 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 of the bill do 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.

     A person seeking employment within the municipal court system as a court director, court administrator, or deputy court administrator is excluded from the provisions of the bill.  Under the bill, these individuals would continue to disclose expunged records and information in compliance with subsection c. of N.J.S.2C:52-27.

     At the conclusion of the five-year period, the City of Paterson would submit a report to the Governor and the Legislature 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.

      This bill was pre-filed for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.