New Jersey Section 2C:52-20 – Use of expunged records in conjunction with supervisory treatment or diversion programs
New Jersey Allows Limited Use of Expunged Records for Diversion Program Candidates
In New Jersey, most criminal records can be expunged through a court process outlined in Section 2C:52 of state statutes. This allows people convicted of crimes to have their records sealed from public view after a period of time. However, one exception to the confidentiality of expunged records is laid out in Section 2C:52-20, which allows courts to access expunged records to determine eligibility for pretrial diversion programs.
This article will examine the policy goals behind Section 2C:52-20, analyze the legal boundaries around use of these sensitive records, and consider the debate around balancing rehabilitation and public safety.
The Role of Diversion Programs in New Jersey
New Jersey offers diversion programs like Pretrial Intervention (PTI) as an alternative to traditional criminal prosecution. PTI provides first-time offenders with rehabilitation services and a chance to avoid a permanent conviction. If completed successfully, charges are dismissed.
The goal of programs like PTI is to give worthy candidates a second chance that can set them on the right path and prevent future crimes. However, by design these programs target first-time offenders. This means candidates often have no prior convictions – and if they do, those records may be expunged.
What Section 2C:52-20 Allows
Section 2C:52-20 carves out a specific exception to the use of expunged records, stating:
“Expunged records may be used by any judge in determining whether to grant or deny the person’s application for acceptance into a supervisory treatment or diversion program for subsequent charges.”
This allows a judge to consider past expunged offenses when deciding whether an individual is still a first-time offender eligible for diversion. Access is tightly restricted to the judge involved in that specific diversion case.
Proponents argue this is necessary to uphold the integrity of diversion programs and avoid giving repeat offenders an unintended second chance. Critics contend it undermines the “clean slate” concept promised by expungement.
Limitations on the Use of These Records
While Section 2C:52-20 creates an exception, there are still strict limits in place:
- Only the presiding judge can access expunged records. Prosecutors and other parties in the case do not get access.
- The records can only be used for determining diversion program eligibility, not for other purposes like sentencing.
- The exception is narrowly tailored to only allow use of past expunged records in new cases involving diversion programs. Records cannot be accessed for unrelated civil or administrative proceedings.
- While judges can access expunged records, the actual records remain sealed and confidential. The contents cannot be publicly disclosed during proceedings.
- Expunged offenses still cannot be used to deny most jobs, licenses, housing, or other opportunities open to those without a criminal record.
Ongoing Debate Around Expungement Rules
The policy behind Section 2C:52-20 seeks to balance rehabilitation and public safety – but reasonable people can disagree on where to strike that balance.
Supporters argue the narrow exception serves an important purpose in preserving the integrity of diversion programs. One New Jersey legal guide contends it prevents “gaming the system” by those with a prior record.
However, critics say this exception is at odds with the underlying promise of expungement. A past Star-Ledger editorial argued it creates a “legal fiction” where expunged offenses are not truly erased. Some also argue minor past convictions should not be an automatic disqualifier for rehabilitation programs.
Reasonable minds can debate where to draw the line. But in crafting Section 2C:52-20, New Jersey attempted to balance the interests of justice with the needs of rehabilitation and public safety.
Takeaways for New Jersey Residents with Expunged Records
For those New Jersey residents who have had records expunged, there are a few key takeaways around Section 2C:52-20:
- Disclose any expunged offenses when applying for diversion programs. Failure to disclose could lead to rejection from the program.
- Consult an attorney if your past expunged record may impact your eligibility for a diversion program. An attorney can help argue your case for acceptance.
- While judges can access your expunged records in this context, the records remain sealed for most other purposes.
- Section 2C:52-20 carved out a narrow exception, but expungement still provides important protections and a chance at a clean slate.
The policy behind this law aims to serve the greater good, but it creates potential complications for some individuals. For anyone uncertain about how past expunged offenses could impact future diversion program eligibility, consulting a local criminal defense attorney is advisable.
While reasonable minds can debate where to draw the line on expungement exceptions, the New Jersey legislature sought to craft a narrow carve-out with Section 2C:52-20. This exception upholding the integrity of diversion programs must be weighed against the value of true rehabilitation and second chances. There are good-faith arguments on both sides of this issue. In practice, this law attempts to strike a fair balance, even if some exceptions remain.