New Jersey Law Allows Limited Access to Expunged Records for Violent Crime Compensation Claims

New Jersey statute 2C:52-18 provides an exception to the general confidentiality of expunged records. It allows the Violent Crimes Compensation Board to access certain expunged information when processing compensation claims filed by victims of violent crime. This article will explain the expungement process in New Jersey, discuss the policy rationale behind 2C:52-18, and highlight some practical implications for those seeking expungements.

Overview of Expungement in New Jersey

New Jersey’s expungement law allows individuals convicted of certain crimes to have their criminal records erased after a period of time. An expungement order directs courts and law enforcement agencies to remove and isolate expunged records. Once expunged, the proceedings are deemed never to have occurred, and individuals can legally deny their existence.

There are strict eligibility requirements. The waiting period is 5-10 years depending on the offense. Not all crimes can be expunged – only indictable offenses, disorderly persons offenses, municipal ordinance violations, and juvenile delinquent adjudications[1]. The process involves filing a petition, obtaining required documentation, and appearing at a hearing[2].

The effect of an expungement order is powerful. Expunged records cannot be released to the general public or used against the person when applying for jobs, housing, loans etc[3]. However, the records still exist behind the scenes. They remain available to judges for sentencing purposes and law enforcement for investigative purposes[4].

Exception for the Violent Crimes Compensation Board

Despite the confidentiality afforded by expungements, 2C:52-18 carves out an exception for the Violent Crimes Compensation Board (VCCB) [5]. The VCCB administers the Violent Crimes Compensation Act, which provides financial support for victims of violent crime. To process claims, the VCCB requires access to police and court records – even expunged ones.

2C:52-18 states: “Information contained in expunged records may be supplied to the Violent Crimes Compensation Board, in conjunction with any claim which has been filed with said Board”[1]. This allows the VCCB to consider expunged records when determining award eligibility and amounts. However, the records can only be used for this purpose.

Policy Rationale

2C:52-18 reflects a policy decision to relax confidentiality when the public interest favors disclosure. The VCCB provides critical support for victims impacted by violence and trauma. Access to complete records allows the VCCB to make fair, informed decisions on compensation claims. It prevents fraudulent claims and ensures limited funds go to legitimate victims with bona fide losses.

The exception balances rehabilitation and confidentiality goals with the public interest in compensating victims. Individual privacy must sometimes yield when there are compelling reasons for disclosure. Here, the need to administer the compensation fund equitably outweighs the expungement beneficiary’s interest in burying the past.

However, 2C:52-18 contains important safeguards. Records can only be used for VCCB purposes – not shared or publicized. This tailored approach helps reconcile the objectives of both statutes.

Practical Implications

Those seeking expungements should be aware of 2C:52-18 and its implications. While expunged records remain strictly confidential for most purposes, the VCCB maintains access. This is unlikely to deter or prevent expungements, since the records cannot be disseminated. However, it is important for understanding the true scope of confidentiality.

Another consequence is that expunged convictions can still influence victim compensation awards. The VCCB may consider past offenses when deciding eligibility, even if expunged. Similarly, compensation amounts may be affected if the VCCB feels past crimes diminish claimant credibility or contributory fault.

Defense lawyers should inform clients that expungement will not necessarily preclude the VCCB from examining records. This avoids unrealistic expectations of secrecy. Individuals with expunged convictions applying to the VCCB should also be prepared to discuss past offenses if relevant to their claim.

Conclusion

2C:52-18 limits confidentiality of expunged records when the public interest favors disclosure. It allows the VCCB to access expunged records to accurately administer the victim compensation fund. While a narrow exception, it highlights that expungement confidentiality is not absolute under New Jersey law. The legislature decided supporting crime victims outweighed claimant privacy in this context. This exception should be considered when pursuing or representing those seeking expungements.