SENATE JUDICIARY COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 4871

with committee amendments

STATE OF NEW JERSEY

DATED:  JANUARY 8, 2026

      The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No. 4871 (1R).

      As amended and reported by the committee, this bill 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 enumerated 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, unless the court determines that granting the expungement is not in the interest of justice, or that the person was the primary aggressor in the domestic violence incident; and

      (2) the domestic violence or abuse was a contributing factor to the person’s commission of any offense or other violation of law for which expungement is sought.

      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, and nine months following, the enactment of Senate Bill No.4870 or Assembly Bill No. 5968 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.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) provide that a person is not eligible for relief under the bill if the court determines that granting the expungement is not in the interest of justice or that the person was the primary aggressor in the domestic violence incident, or the person has previously filed a an expungement petition under the bills provisions;

      (2) provide that relief may be granted if the domestic violence or abuse was a contributing factor to the person’s commission of an offense, rather than conviction;

      (3) make the bill effective nine months following the enactment of Senate Bill No.4870 or Assembly Bill No. 5968 of 2024-2025;

      (4) authorize the Administrative Office of the Courts and the Division of State Police in the Department of Law and Public Safety to take anticipatory action necessary to implement the provisions of the bill; and

      (5) make clarifying and technical changes to the bill.