Kenneth Vercammen 732-572-0500 is an Edison, Middlesex County, NJ trial attorney. Mr. Vercammen is author of the ABA book "Criminal Law Forms" and ABA "Wills and Estate Administration". He has published 125 articles in national and New Jersey publications on criminal, traffic, DWI, probate, estate planning, and litigation topics.
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New Jersey Gov. Chris Christie has signed into law a measure designed to ease the path toward expungement of some criminal records.
Christie signed the bill, A206, without comment. The bill was one of dozens acted on by the governor Jan. 19.
The primary sponsors of the bill were Assemblyman Jerry Green, D-Union, and Assemblywoman L. Grace Spencer, D-Essex.
The bill, which goes into effect in 90 days, will reduce the waiting period for expungement from 10 years to five years from the date of the person's last conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.
In the case of a disorderly persons or petty disorderly persons offense, the waiting period would be reduced from five years to three years. Those with a criminal conviction or a conviction for a disorderly persons or petty disorderly persons offense would have to apply for an expungement with the state Superior Court in the county in which the conviction was adjudged.
The new law also allows expungement of criminal conviction records for certain people who have completed a sentence of special probation in Drug Court.
A judge would be permitted to order the expungement of all records and information relating to all prior criminal arrests, detention, convictions and proceedings for any offense enumerated in the state's criminal code. A person would not be eligible for expungement if his or her records include a conviction for any offense barred from expungement under current law, which includes most violent crimes.
"Expungement offers an incentive against recidivism. It gives people who currently have little chance of finding legal employment the opportunity to leave past mistakes behind them, find a job and be productive," said Green after the bill received final legislative approval in September 2015. "The fact of the matter is, the system is working against those individuals who have served their time and want to change and do better."
"A criminal record can affect a person's ability to secure housing, employment and even loans for school," said Spencer at the same time. "How is a person supposed to successfully reintegrate back into society when almost every road to self-dependence is blocked by a criminal record?"
The bill was a companion piece to A1662, which was signed into law Jan. 9.
That bill, sponsored by Assemblymen Gordon Johnson and Joseph Lagana, both D-Bergen, was designed specifically for people who are the victims of identity theft.
Under A1662, a person who has been the victim of identity theft, and who later is charged with committing a crime that is perpetrated by the person responsible for the identity theft, can have a judge seal all records of the criminal complaint.
The new law also allows a prosecutor to petition a judge to declare that the identity theft victim is factually innocent of the crime. That person, in order to have his or her record expunged, would not have to wait for the statutory deadline for expungement to pass, and would not have to pay the expungement application fee.
Additionally, the bill requires the state Motor Vehicle Commission to immediately update its records to delete any information that could have an adverse effect on the driving record of any motorist who has been the victim of identity theft.
