New Jersey Section 2C:21-4.1 – Destruction, alteration, falsification of records, crime of fourth degree

New Jersey’s Law Against Falsifying Records: What You Need to Know

What Does the Law Say?

The key part of the law states that “A person is guilty of a crime of the fourth degree if he purposefully destroys, alters or falsifies any record relating to the care of a medical or surgical or hospital patient or child born out of wedlock, or any birth, baptismal, or death certificate, or any record required to be kept by law, or to the information contained in such a record, with purpose to deceive or injure anyone or to conceal any wrongdoing.” [1]

So in plain English, it’s against the law to intentionally falsify certain important records in order to deceive, injure others, or cover up misconduct. The records specifically called out include medical/hospital records, records about children born out of wedlock, vital records like birth/death certificates, and other legally-required records.

Potential Defenses

If accused of violating 2C:21-4.1, there are a few potential defenses to consider with your attorney:

• Lack of intent: The law requires that the falsification was done “purposefully” with intent to deceive, injure or conceal. So if records were altered by mistake or there was no proof you intended harm, this could be argued.
• Protected activity: The First Amendment and New Jersey’s Employee Conscientious Protection Act protect certain whistleblowing activities, so if records were altered as part of “protected activity” to expose misconduct, that may provide a defense.
• Statute of limitations: There is a 5 year statute of limitations on falsifying records charges in NJ. [2] So if more than 5 years passed since the alleged falsification, the state may be barred from prosecuting.

Penalties

Since falsifying records under 2C:21-4.1 is a 4th degree crime in New Jersey, potential penalties if convicted include: [3]

• Up to 18 months in prison
• Up to $10,000 in fines
• Probation up to 5 years
• Community service

The law also allows for possible restitution payments to victims impacted by the falsified records.

Industry Implications

The falsified records law has implications for various industries that handle sensitive documents:

Healthcare:

Doctors, nurses and hospitals need proper medical records for quality care and insurance reasons. Falsifying records risks patient harm, insurance fraud and loss of licenses.

Vital records:

Government clerks face liability for falsifying important documents like birth certificates, which are relied on to verify identity and citizenship.

Financial services:

Banks, lenders and accountants who alter financial statements or records may face fraud charges. Integrity of financial records is essential.

Any industry:

Most businesses keep records for legal compliance. So human resources, contractors, lawyers and more may fall under the law if falsifying required paperwork.

Overall the law aims to promote integrity and accountability in record-keeping. But errors can happen too, so be sure to consult a lawyer if accused to understand your rights and options. The law seeks balance but also has real penalties if purposefully violating it.

I hope this overview of New Jersey’s law against falsifying records has been helpful! Let me know if you have any other questions.