A4258

An Act concerning vacating orders of expungement and amending N.J.S.2C:52-26.

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

1. N.J.S.2C:52-26 is amended to read as follows:

2C:52-26. Vacating of orders of sealing; time; basis

If, [within 5 years of] following the entry of an expungement order, a person who is the subject of the expungement order, or any party to whom notice is required to be given pursuant to section [2C:52-10] N.J.S.2C:52-10:

a. within five years of the entry of the expungement order, notifies the court which issued the order that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person to whom the court granted such order, which charges were not revealed to the court at the time of hearing of the original [motion] petition or that there was some other statutory disqualification, said court shall vacate the expungement order in question and reconsider the original [motion] petition in conjunction with the previously undisclosed information; or

b. petitions to the court to vacate the expungement order, the court may, for good cause shown, vacate the expungement order and reconsider the original petition, regardless of the time that has lapsed since the entry of the expungement order. For the purposes of this subsection, “good cause” shall include, but is not limited to:

(1) a change in the circumstances of the person to whom the court granted the order of expungement, which circumstances were not contemplated at the time the order was entered;

(2) it is determined that the person is ineligible for expungement;

(3) the person’s conviction for a crime or offense involving marijuana or hashish was expunged by operation of law pursuant to section 60 of P.L.2021, c.16 (C.2C:52-6.1);

(4) the person was convicted of a crime following the entry of the order of expungement;

(5) the person previously filed a petition for, and was granted, post-conviction relief, or has a pending petition for post-conviction relief; or

(6) any other reason the court deems appropriate

c. In the filing of a petition pursuant to this section:

(1) unless otherwise ordered by the court, a petition filed by a party who is the subject of the expungement order may be filed in accordance with section 11 of P.L.2019, c.269 (C.2C:52-10.1);

(2) a petition filed by a party who is not the subject of the expungement order shall be accompanied by proof of service upon the person who is the subject of the expungement order.

d. Any objection to a petition shall be filed within 60 days of the filing of the petition. The court shall hold a hearing on the petition within 30 days of the filing an objection.

If no response is filed to a petition pursuant to this section within 60 days, the petition shall be deemed unopposed. The court shall either schedule a hearing or issue a ruling on the petition within 120 days of the filing of the petition.

(cf: P.L.1979, c. 178, s. 133)

2. This act shall take effect immediately.

STATEMENT

This bill revises the law concerning vacating court orders to expunge criminal records.

Under current law, an authorized person may apply to the court to vacate an order of expungement. Such application may be granted if: (1) the application is filed within five years of the entry of the order of expungement; and (2) the person notifies the court that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person who was granted the expungement, which were not revealed to the court at the time of hearing of the original petition; or there was some other statutory disqualification. If these requirements are met, the court will vacate the expungement order and reconsider the original petition in conjunction with the previously undisclosed information.

Under the bill, upon petition to the court by the petitioner or an authorized person, the court may also vacate an order of expungement and reconsider the original petition for good cause shown, regardless of the time that has lapsed since the entry of the order for expungement. “Good cause” includes, but is not be limited to:

· a change in the circumstances of the person to whom the court granted the order of expungement, which circumstances were not contemplated at the time the order was entered;

· it is determined that the defendant is ineligible for expungement;

· the person’s conviction for a crime or offense involving marijuana or hashish was expunged by operation of law pursuant to N.J.S.A.2C:52-6.1;

· the person was convicted of a crime following the entry of the order of expungement;

· the person previously filed a petition for, and was granted, post-conviction relief, or has a pending petition for post-conviction relief; or

· any other reason the court deems appropriate.

Under the bill, if a petition is filed by a party who is not the subject of the expungement order, the petition must be accompanied by proof of service upon the person who is the subject of the order. Any objection is required to be filed within 60 days of the filing of the petition, or else the petition will be deemed unopposed. The court is required to either hold a hearing within 30 days of the filing of an objection. In any case, the court is required to hold a hearing or rule on the petition within 120 days of the filing of the petition.