New Jersey Law on Expunged Records Including Names of Persons Other Than the Petitioner

New Jersey law allows for the expungement of certain criminal records under specific circumstances. This can be a complex process with many nuances, but the goal is to give individuals who qualify a fresh start by segregating their past criminal record from general access. One aspect of expungement law covers records that include names of persons other than just the petitioner seeking the expungement.

Overview of Expungement in New Jersey

Expungement in New Jersey refers to the extraction and isolation of records related to an individual’s detection, arrest, detention, trial or conviction within the criminal justice system[1]. Expunged records are not erased or destroyed, but they are separated out so they do not show up during most routine background checks.

There are eligibility requirements to qualify for expungement in New Jersey. Certain indictable offenses and combinations of offenses are not eligible at all[2]. For other convictions, there are mandated waiting periods before a petition can be filed, such as 10 years for certain violent crimes. The waiting period for disorderly persons offenses is 5 years.

The process begins by obtaining one’s criminal record and evaluating eligibility. Then a petition must be filed in Superior Court in the county where the matter was disposed. There is a filing fee, currently $75. The prosecutor’s office reviews the petition and can file an objection if they believe the individual is not eligible[3]. There will be a hearing if an objection is made. Otherwise, the court can grant the expungement without a hearing 60 days after filing if no objections are submitted.

Expunged Records Can Still Include Other Names

New Jersey Statute 2C:52-16 specifically covers expunged records that include names of persons other than just the petitioner[4]. The law states that any record maintained by a court, law enforcement agency or other criminal justice entity that is expunged must still be kept in its entirety. This includes the full content, even if it contains names of individuals besides the person who filed for expungement.

For example, if Jane Doe has records expunged related to a past criminal charge, but that file also includes investigation documents with the names of witnesses, co-defendants or victims, their names cannot be redacted or removed. The entire record remains intact and isolated.

Reasons for Keeping Full Records

There are several reasons why New Jersey law requires the preservation of any names included in an expunged file[5]:

• Maintains accuracy of records: Removing just one person’s name would alter the original records and make them incomplete historically. Keeping the full record preserves an accurate account.
• Avoids tampering concerns: Allowing portions of official records to be deleted could raise concerns about inappropriate tampering or obscuring of facts.
• Retains context: Understanding the full context of a case often requires knowing all involved parties. Removing certain names could remove relevant context.
• Limits further dissemination: Keeping expunged records with other names still limits exposure of that information compared to publicly available records.
• May assist future investigations: While rare, expunged records may become relevant to future criminal investigations or appeals, so maintaining complete files preserves that option.

Accessibility of Records with Other Names

While expunged records in New Jersey must still include names of persons besides the petitioner, the accessibility of those records becomes extremely limited. Expunged files are isolated from general public records systems and background checks. Access requires a court order.

However, New Jersey law does allow expunged records to be released to certain agencies under specific circumstances, which could potentially reveal names of third parties in those records. This includes usage by:

• Courts and agencies reviewing a pending petition for expungement.
• The State Parole Board.
• Department of Corrections regarding classification, evaluation and housing of current inmates.
• Agencies considering applications for diversionary programs.
• Courts setting bail or considering sentencing.

So while expunged records are generally isolated from public access, there are select permitted uses that might expose names of other parties in those files.

Expungement Denial if Shared Names Pose Concern

When reviewing an expungement petition, prosecutors or courts may object if they believe isolating the record poses concerns related to third party names in the file. This is most likely if a co-defendant or victim’s name in the record raises safety concerns about that individual being locatable. Expungement may be denied if the presence of shared names outweighs the privacy benefit to the petitioner.

Weighing Pros and Cons of Expungement

For petitioners considering expungement, the possibility of third party names remaining present even in isolated records is an important factor to know. While expungement can provide a major fresh start advantage, it does not erase one’s history entirely. Knowing that co-defendants, victims and witnesses may still be locatable in expunged files allows individuals to make informed decisions about pursuing expungement.

In many cases, the significant benefits of isolating and limiting access to past criminal records will outweigh the presence of other names in those closed files. But having a full understanding of what expungement does and does not do under New Jersey law allows people to consider the pros and cons as they apply to their specific situation.

Consulting an Attorney

Navigating New Jersey’s expungement laws can be complex, but consulting with an experienced criminal defense or expungement attorney can help maximize the chances for successful record isolation. Attorneys can advise if expungement is an option, how to file a strong petition, and strategies to overcome any objections. They can also provide insight on the implications of third party names remaining in expunged records.

For petitioners exploring the possibility of expunging past criminal records in New Jersey, fully understanding the expungement process, requirements and limitations is key. The law allowing other names to be present even in expunged records is an important factor to know when weighing options. But in many cases, the benefits of expungement will still make it an advantageous step toward moving forward.