New Jersey Assembly Bill A2388

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22

Caption

Establishes pilot program in Paterson authorizing non-disclosure of records of certain expungements.

Impact

The legislation is poised to have a significant impact on state laws related to expungement and employment within the judicial and law enforcement sectors. It aims to alleviate the burden on individuals who otherwise may be deemed unfit for positions despite a lack of convictions. By piloting this program in Paterson, the bill seeks to gather data and evaluate the feasibility of broadening any changes to expungement laws across New Jersey, contingent upon the outcomes of the pilot program assessments.

Summary

Assembly Bill A2388 establishes a five-year pilot program in the City of Paterson aimed at reforming the disclosure requirements for expunged criminal records of individuals seeking employment in the municipal court system and associated law enforcement agencies. The bill recognizes that many individuals who are arrested or charged with crimes are not convicted, yet their records could hinder their employment opportunities. Specifically, the pilot program would limit the types of expunged records that must be disclosed to only those related to indictable offenses, essentially excluding arrests or charges that did not result in a conviction and convictions for minor, non-indictable offenses.

Contention

One notable point of contention surrounding A2388 is the concern that relaxing disclosure requirements could lead to a compromise in the integrity of the hiring processes within the judicial system and law enforcement. Critics argue that while the intention is to provide fair opportunities for those with expunged records, such changes must be balanced against the need for transparency and the potential risks of employing individuals with certain previous criminal charges. As the bill outlines provisions for an evaluation report at the end of the pilot period, ongoing discussions will likely revolve around the findings and any long-term changes proposed thereafter.