SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 4871

with committee amendments

STATE OF NEW JERSEY

DATED:  DECEMBER 15, 2025

      The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No. 4871.

This bill, as amended, provides an expungement process for certain defendants who are victims of domestic violence or substantial abuse, if the conviction to be expunged is substantially related to the domestic violence or abuse.  Specifically, the bill provides that a person convicted of an offense or other violation of law, except for murder or a crime for which the defendant would be required to register as a sex offender under Megan’s Law, may file an application with the Superior Court to have each conviction, finding of guilt, or, in the case of an offense committed while a juvenile, adjudication of delinquency expunged if:

     (1) the person was a victim of domestic violence, or was otherwise subjected to substantial physical, sexual, or psychological abuse; and

     (2)   the domestic violence or abuse was a contributing factor to the person’s conviction.

     An eligible person may apply for expungement immediately following the person's most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later.  The application is required to be made to the Superior Court in the county in which the person resides or a county in which one or more of the person’s convictions were adjudged at any time.  The application may include any other prior criminal disposition which the person is seeking to expunge, regardless of where that prior disposition occurred.

      In determining whether to order expungement, the court is required to consider all relevant circumstances and take judicial notice of any evidence, testimony, or information presented at the trial, plea hearing, or other court proceedings.

      If enacted by the Legislature, the effective date of this bill is contingent on the enactment of Senate Bill No.4870 or Assembly Bill No. A5968 of 2024-2025, the provisions of which would establish a new mitigating factor, reduced sentencing, and resentencing for certain defendants who were victims of domestic violence or abuse at the time the crime was committed.

      The committee amendments to the bill:

      - correct a reference to N.J.S.2C:52-3, concerning the expungement process for disorderly persons and petty disorderly persons offenses; and

      - make an additional cross-reference to another bill, Senate Bill No. 4870, the provisions of which would establish a new mitigating factor, reduced sentencing, and resentencing for certain defendants who were victims of domestic violence or abuse at the time the crime was committed, and is the identical counterpart to the already referenced Assembly Bill No. 5968; this bill would only take effect upon the additional enactment of either of the other referenced identical bills.