SENATE, No. 4497
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED MAY 22, 2025
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Imposes restrictions on the use of expunged records.
CURRENT VERSION OF TEXT
As introduced.
An Actconcerning expunged criminal records, and amending various parts of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1994, c.54 (C.2B:1-4) is amended to read as follows:
1. Electronic Access to Court Records. a. The Administrative Office of the Courts is authorized to develop and operate an automated data processing system that allows the public to access court information and to file court documents, pursuant to such directives, rules and regulations as the Supreme Court may adopt. Such directives, rules, and regulations shall include provisions to ensure that the public's use of criminal records complies with N.J.S.2C:52-30.
b. Individuals, organizations or governmental agencies who request automated or electronic access through common carrier telephone company communications to computerized record information maintained by the Administrative Office of the Courts and the Judiciary, or who request the option to file legal court case information using a computer-to-computer link through common carrier telephone company communication, in addition to any other applicable fees, shall pay for the cost of this service according to fee schedules adopted by the Supreme Court.
c. The proceeds collected by the Administrative Office of the Courts pursuant to this act shall be deposited in the "Court Computer Information System Fund" which is hereby established as a separate fund in the General Fund, to be administered by the Administrative Office of the Courts and dedicated to the development, establishment, operation and maintenance of computerized court information systems in the Judiciary.
d. Subject to the approval of the Supreme Court, the Administrative Office of the Courts is authorized to contract with governmental agencies or corporations for their assistance in the development, establishment, operation and maintenance of the automated system created in accordance with this act. Such assistance may include the initial collection of user fees and other proceeds for the system and may be paid for from the fees and proceeds collected under this act. The net fees and proceeds so collected shall be deposited in the "Court Computer Information Systems Fund" created by this act.
(cf: P.L.1994, c.54, s.1)
2. N.J.S.2C:52-30 is amended to read as follows:
2C:52-30. Disclosure of Expungement Order. Except as otherwise provided in this chapter,
[any] a. Any person or entity who reveals to another the existence of an arrest, conviction, or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person. [Notwithstanding the provisions of section 2C:43-3, the maximum fine which can be imposed for violation of this section is $200.00.]
b. Any person or entity regularly engaged in the business of collecting, assembling, evaluating, or disseminating criminal records in this State for a fee shall:
(1) report on or disseminate only those criminal records that the person or entity has received from the State Bureau of Identification or the Judiciary within the previous 30 days;
(2) promptly delete a record that the person or entity knows or should have known to have been expunged; and
(3) provide a means by which an individual may request at no cost a correction of their record, which shall include the completion of any necessary verification of records with the State Bureau of Identification or the Judiciary within 14 business days of receipt of a request for correction, and the deletion of an expunged record within 30 days of receipt of a request for correction.
c. Any person or entity who disseminates a criminal record that has been expunged and knows or should have known at the time of dissemination that the record has been expunged is liable to the individual who is the subject of the criminal record for a penalty of $5,000 per violation, or actual damages caused by the violation, whichever is greater, plus costs and attorney fees.
d. It shall be an affirmative defense to the criminal or civil enforcement of this section that the dissemination of an expunged record occurred due to the failure of a law enforcement or criminal justice agency to effectuate an order of expungement pursuant to the requirements of N.J.S.2C:52-15.
e. For the purposes of this section, any person or entity who has been served with a certified copy of an order of expungement in accordance with the Rules of Court shall be presumed to have knowledge of the expungement.
(cf: N.J.S.2C:52-30)
3. Section 1 of P.L.2007, c.307 (C.45:1-21.4) is amended to read as follows:
1. a. Notwithstanding any other law, rule or regulation to the contrary, the director or a board shall not disclose to the public information indicating the place of residence of any applicant for or holder of a license, registration or certification without the consent of the applicant or holder, except for such disclosure to a federal or State regulatory authority or a law enforcement or judicial authority.
b. If a board takes formal action against an applicant or licensee due to a criminal conviction pursuant to subsection f. of section 8 of P.L.1978, c.73 (C.45:1-21), and receives notice from the applicant or licensee that the conviction underlying the board's action has been expunged pursuant to chapter 52 of Title 2C of the New Jersey Statutes, the board shall ensure that all references to the expunged conviction in the board's order of formal action, including but not limited to a judgment of conviction attached to the board's order, are redacted or sealed in a manner consistent with N.J.S.2C:52-1 and section 5 of P.L.1997, c.353 (C.2C:52-27.1), but the fact of the board's formal action shall not be redacted, sealed, or expunged. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the boards and other entities set forth in section 2 of P.L.1978, c.73 (C.45:1-15), or the Director of the Division of Consumer Affairs, may adopt rules and regulations to effectuate the purposes of this subsection.
(cf: P.L.2007, c.307, s.1)
4. Section 2 of P.L.1985, c.69 (C.53:1-20.6) is amended to read as follows:
2. a. The Superintendent of State Police, with the approval of the Attorney General, shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations authorizing the dissemination, by the State Bureau of Identification, of criminal history record background information requested by State, county and local government agencies, including the Division of State Police, in noncriminal matters, or requested by individuals, nongovernmental entities or other governmental entities whose access to such criminal history record background information is not prohibited by law. Such rules and regulations shall include provisions for the suspension or other restriction of access by individuals or nongovernmental entities found, following notice and a hearing pursuant to the Administrative Procedure Act, to have violated N.J.S.2C:52-30. The State Police shall publish on its Internet website a list of such suspended or restricted individuals or nongovernmental entities. A fee not to exceed $30 shall be imposed for processing fingerprint identification checks; a fee not to exceed $18 shall be imposed for processing criminal history name search identification checks. These fees shall be in addition to any other fees required by law. In addition to any fee specified herein, a nonrefundable fee, the amount of which shall be determined by the Superintendent of State Police, with the approval of the Attorney General, shall be collected to cover the cost of securing and processing a federal criminal records check for each applicant.
b. State, county and local government agencies, including the Division of State Police, and nongovernmental entities are authorized to impose and collect the processing fee established pursuant to subsection a. of this section from the person for whom the criminal history record background check is being processed or from the party requesting the criminal history record background check. The Superintendent of State Police shall provide this processing service without the collection of fees from the applicants in processing background checks of prospective resource family parents or members of their immediate families. In such cases, the Department of Children and Families shall be responsible for paying the fees imposed pursuant to subsection a. of this section. Nothing in this section shall prohibit the Superintendent of State Police, with the approval of the Attorney General, from providing this processing service without the collection of fees from the applicant in other circumstances which in his sole discretion he deems appropriate, if the applicants would not receive a wage or salary for the time and services they provide to an organization or who are considered volunteers. In those circumstances where the Superintendent of State Police, with the approval of the Attorney General, determines to provide this processing service without the collection of fees to the individual applicants, the superintendent may assess the fees for providing this service on behalf of the applicants to any department of State, county or municipal government which is responsible for operating or overseeing that volunteer program. The agencies shall transfer all moneys collected for the processing fee to the Division of State Police.
(cf: P.L.2006, c.47, s.200)
5. This act shall take effect on the first day of the third month next following enactment, except that the Attorney General, the Superintendent of the State Police, the Director of the Division of Consumer Affairs, and the Administrative Director of the Courts may take such anticipatory action as may be necessary for the timely implementation of this act.
STATEMENT
This bill imposes restrictions on background check providers, increases penalties for the wrongful dissemination of expunged records, and imposes duties on professional boards concerning expunged records.
Under current law, N.J.S.A.2C:52-30, the wrongful disclosure of an expunged record is a disorderly persons offense. A disorderly persons offense is ordinarily punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. However, N.J.S.A.2C:52-30 currently limits the fine to $200.
Under the bill, a private background check provider is required to ensure that it only reports on information received from the State Bureau of Investigation of the State Police, or the Judiciary, within the last 30 days, promptly delete an expunged record that it knows to be expunged, and provide for a free means by which an individual may request a correction to their background check, including the deletion of an expunged record within 30 days of the request. In addition, the bill eliminates the $200 limit on fines and further provides individuals who are the subject of a wrongfully disclosed expunged records with a civil right of action.
The bill also requires the State Police and the Judiciary to adopt rules or regulations to ensure that persons or entities who regularly access criminal history records, which includes but is not limited to private background check providers, comply with N.J.S.A.2C:52-30 concerning the non-disclosure of expunged records.
Finally, the bill provides that if a professional licensing board in the Division of Consumer Affairs suspends or revokes a license due to a criminal conviction, and that conviction is later expunged, the professional licensing board is required to redact or seal any reference to the expunged conviction in its records of suspension or revocation; however, the fact of suspension or revocation itself is not expunged. This requirement under the bill is intended to mitigate the effects E.A. v. Real Estate Comm'n., 208 N.J. Super. 65 (App. Div. 1986), concerning licensing records that contain references to expunged convictions.