EXPUNGEMENT BILLS CLEAR SENATE
Legislation to help New Jersey residents who have a criminal record cleared the full Senate on Thursday, December 7th. They now go to the Assembly for consideration. The three reform bills would prohibit employment discrimination based upon an expunged criminal record; accelerate expungements and increase the number of convictions that can be expunged; and reduce the waiting period to expunge an entire juvenile record.
“We need to give people the chance to move forward, not let a past decision hold them back,” said Senator Sweeney (D-Gloucester, Cumberland, Salem) sponsor of S-3306 & S-3307. “This is about putting people back to work and helping them improve their lives. I commend Senator Cunningham for her continuous efforts to help those who have a criminal past take steps to clear their name and get a new start, which is what these bills will do.”
An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement agency, criminal justice agency, or juvenile justice agency concerning a person’s apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, record of law enforcement taking a person into custody as a juvenile, conviction, adjudication of delinquency, disposition, and any related proceedings are considered not to have occurred.
Senate bill 3306 would strengthen New Jersey’s Opportunity to Compete Act, also known as “Ban the Box,” sponsored by Senator Cunningham and signed into law by Governor Christie in August 2014. S-3306 would prevent those with current and expunged criminal records from being discriminated against at the early stages of employment pursuits. The bill would provide that, in addition to an oral or written inquiry, an employer would also be prohibited from making an online inquiry about the candidate’s criminal record. Senate bill 3307 would reform procedures for expunging criminal records by: Allowing a petitioner to expunge up to four, instead of three, offenses or multiple offenses that occurred within a short timeframe, if the petitioner has not been convicted of any prior or subsequent offense; Reducing the expungement eligibility waiting period from ten years to six years, following the latest of any conviction, payment of fine and completion of probation, parole or prison sentence; Further reducing the expungement eligibility waiting period if satisfaction of a fine or restitution is the petitioner’s only remaining barrier and the court finds that the expungement is in the public’s interest; and aligning expungement and sentencing statutes, allowing expungement for possession of marijuana with the intent to sell up to one ounce, which is the threshold for a fourth-degree crime.
Senate bill 3308 would decrease from five to three years the waiting period to expunge an entire juvenile record, maintaining all other requirements and provisions. S3306 was approved 29-6; S3307 was approved 26-8; and S3308 was approved by a vote of 37-0. The bills now go to the Assembly for further consideration.
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