The measure would automatically expunge records for those convicted of disorderly persons offense after three years.
Assemblyman Reed Gusciora, pictured in this file photo with Governor Chris Christie, is the sponsor of a bill that would make it easier for offenders to get their records expunged.TRENTON — Offenders would have an easier time getting their records expunged under a bill discussed in the Assembly Judiciary Committee this morning.
The committee mulled the bill, which was first introduced in 2005, but did not hold a vote on it in part because the state’s outdated court computer system would make it virtually impossible to implement.
The measure (A1060) would automatically expunge records for those convicted of disorderly persons offense after three years. Currently, those convicted of disorderly conduct have to petition for expungement after five years.
For more serious indictable offenses, ex-convicts would have their record expunged automatically after seven years. Right now, they can petition for expungement after 10 years.
“Expungement processes are generally a way for many small offenders to get a fresh start,” said Assemblyman Reed Gusciora (D-Mercer), the bill’s sponsor.
The bill would also eliminate a required $30 fee.
Under current law, those convicted of minor offenses can get their records expunged if they do not commit any other crimes. If an expungement is granted, the crime is “considered not to have occurred,” according to the New Jersey Judiciary’s website. Some serous offenses — including criminal homicide, kidnapping, luring, endangering the welfare of a child and sexual assault – cannot be removed from a convict's record.
Gusciora said petitioning to get one’s record to be expunged is complicated and usually requires hiring a lawyer, which is expensive. Gusciora also noted that most petitions for expungement are granted.
“I don’t understand why there needs to be an expungement process and why, in this computer age, it can’t be done automatically,” he said.
But Dan Phillips, legislative liaison for the Administrative Office of the Courts, said the court system’s antiquated computer system could not handle the paperwork.
“We are not in the computer age in the courts or criminal justice system,” he said. “We are a paper based system, and we’re drowning in a paper-based system.”
Phillips said there is “value to this bill” in helping first-time offenders put their pasts behind them. But, he added, “for the courts to even attempt to implement this would be a nightmare.”
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• N.J. Supreme Court rules record expungements do not negate bans on public employment