New Jersey Assembly Bill A4749

New Jersey 2024-2025 Regular Session

• Introduced: 9/19/24
• Refer: 9/19/24

Caption

Makes certain procedural and substantive reforms to expungement statutes to reduce filing burdens and expand eligibility.

Impact

The bill is notable for its approach to consolidate multiple expungement petitions into a single application, thus reducing the filing burden on individuals seeking expungement for various offenses simultaneously. Additionally, the amendments redefine which convictions can be expunged. It allows for previously non-expungable offenses, like second-degree robbery and non-sexual endangerment of a child, to be eligible for expungement. This broadens the scope of individuals who may benefit from expungement, potentially affecting a significant number of people with prior convictions.

Summary

Assembly Bill A4749 aims to reform the expungement process in New Jersey by streamlining the procedures and expanding eligibility for individuals seeking to clear their criminal records. Key provisions of the bill include allowing those who successfully complete the Recovery Court program to expunge all records, including convictions for indictable crimes and juvenile offenses, regardless of any subsequent convictions during the program. This marks a significant shift from current law, which only allows for the expungement of indictable crimes under stricter conditions.

Contention

A4759 also addresses barriers posed by out-of-state or federal convictions that previously counted against an applicant's eligibility for expungement, thereby simplifying the criteria based on New Jersey's laws alone. This is intended to alleviate confusion and enhance the accessibility of the expungement process. However, the bill may spark discussions concerning public safety and the value of maintaining transparency regarding criminal histories, particularly for serious offenses that remain non-expungeable, such as first-degree robbery and sexual crimes.