New Jersey Section 2C:52-17 – Use of expunged records by agencies on pending petition for expungement
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New Jersey Section 2C:52-17 – Use of Expunged Records by Agencies on Pending Petition for Expungement
Section 2C:52-17 of the New Jersey statutes deals with the use of expunged records by agencies when there is a pending petition for expungement. This section provides important protections for individuals who have filed for expungement while their petition is still pending.
Overview of Expungement in New Jersey
In New Jersey, expungement is the process of having your criminal record sealed from public view. When a record is expunged, the proceedings are deemed never to have occurred and the individual is able to answer questions about their record as if the arrest or conviction did not happen.
The process for expungement is governed by the New Jersey Code of Criminal Justice under Chapter 52. Individuals convicted of certain crimes are eligible to have their records expunged after a period of time, depending on the severity of the offense.
Once a petition for expungement is filed, the court will grant or deny the petition after considering factors like the nature of the offense and the petitioner’s character and conduct since conviction. If granted, agencies in possession of expunged records must remove and isolate the records per Section 2C:52-15.
Key Provisions of Section 2C:52-17
Section 2C:52-17 provides important protections for petitioners while their expungement petition is still pending by restricting how agencies can use expunged records during that time. Key provisions include:
- Expunged records cannot be released or disclosed by an agency: Once a petition has been filed, agencies in possession of expunged records cannot release or otherwise disclose their contents or existence. This prevents the records from being disseminated while the petition is pending.
- Expunged records cannot be used against the subject: The records also cannot be used against the petitioner for any reason during the pending period. This prevents agencies from taking adverse action against the petitioner based on the records before the court has ruled on the petition.
- Exceptions for law enforcement investigations: There is an exception allowing law enforcement to use expunged records for investigative purposes during the pending period, but only if it relates to the crime which is the subject of the expungement petition.
- Agencies must respond to inquiries as if no records exist: If asked about the expunged records, agencies must respond as if no records pertaining to the arrest or conviction exist.
Implications of Section 2C:52-17
Section 2C:52-17 provides important protections for petitioners during the gap between filing for and receiving expungement relief.
Without these provisions, agencies could potentially release damaging records or use them to take adverse action against petitioners before the court has even ruled on the petition. This could negatively impact employment, housing, education, and other opportunities for petitioners.
By restricting the use and release of records, Section 2C:52-17 allows petitioners to avoid potential harms during the pending period. It prevents expunged records from being disseminated or used to discriminate against petitioners while their petition is adjudicated.
However, some argue these protections make it difficult for agencies to perform duties during the pending period, particularly background checks for sensitive positions. Others argue Section 2C:52-17 provides too many protections for certain offenses and should be limited in scope.
Overall, Section 2C:52-17 represents an important protection for petitioners during a vulnerable waiting period. It aims to prevent expunged records from being misused before expungement relief is formally granted by the courts.