New Jersey Law Allows Limited Parole Board Access to Expunged Records

New Jersey statute 2C:52-22 provides that expunged criminal records can be accessed and used by the New Jersey State Parole Board for parole decisions, despite having been expunged. This seemingly contradicts the general purpose of expungement, which is to erase a person’s criminal record as if the arrest or conviction never occurred. However, the legislature included this exception to balance public safety and rehabilitation.

What is Expungement?

Expungement is the process of having your criminal record sealed from general public view. It was created to allow people to move on with their lives after resolving their criminal case, rather than being haunted indefinitely by a mistake from their past.

In New Jersey, expungement erases the record of your arrest and conviction, and allows you to legally deny it ever happened. Expunged records are removed from police and court databases. Most employers, landlords, and others cannot access expunged records, with few exceptions.

Expungement Generally Erases Your Criminal Record

The whole point of expungement is to give people a fresh start by treating the offense as if it never occurred. According to NJ statute 2C:52-27, once expunged, “the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly.”

If asked on an application, you can legally deny that an expunged arrest or conviction ever happened. Expunged records are removed from the databases of law enforcement agencies and courts.

Why Can the Parole Board Still Access Expunged Records?

However, 2C:52-22 creates an exception – “Expunged records, or sealed records under prior law, of prior disorderly persons, petty disorderly persons and criminal convictions shall be provided to the Parole Board when same are requested for the purpose of evaluating the granting of parole.”

The legislature wanted to balance the rehabilitative purpose of expungement, with public safety concerns regarding parole decisions. The Parole Board is responsible for deciding when to release inmates from prison on parole, and under what conditions. The Board considers many factors, including the inmate’s entire criminal record, to evaluate the risk to public safety.

Allowing the Parole Board to consider expunged offenses provides a more complete history of the inmate’s behavior and likelihood to reoffend if released. However, the Board must still base its decision on all factors, not just the expunged records.

Parole Board Can’t Disclose Expunged Records

Importantly, while the Parole Board can access and consider expunged records, the statute prohibits publicly disclosing their contents. According to 2C:52-22, “Such sealed or expunged records may be used by the Parole Board in the same manner and given the same weight in its considerations as if the records had not been expunged or sealed.”

So the Parole Board essentially treats the expunged offense as if it is not expunged, but cannot actually reveal the nature or contents of the sealed records to the public. This maintains the confidentiality of expungement, while still allowing consideration of the full criminal history.

Pros and Cons of This Exception

Allowing the Parole Board to consider expunged offenses has advantages and disadvantages.

On one hand, it provides the Board with the most complete record of the inmate’s history and likelihood to reoffend. This arguably improves public safety and parole decision making. Victims and communities want assurances that inmates are carefully evaluated before release.

On the other hand, it undermines the “fresh start” promise of expungement for inmates seeking parole. However, parole is inherently discretionary, and about more than just the specific offense. Candidates must prove they are rehabilitated and no longer a risk. So expunged records are just one of many factors the Board weighs.

Overall, while controversial, this exception attempts to balance rehabilitation and public safety. The Board can consider expunged records, but cannot publicly reveal them, maintaining confidentiality. Inmates may argue the records are irrelevant, but the Board believes they provide important context.

Other Exceptions Also Allow Access to Expunged Records

It’s important to note that 2C:52-22 is not the only exception allowing access to expunged records in New Jersey. Other agencies can also access expunged records in limited circumstances, including:

• Courts, prosecutors, and probation departments for bail, sentencing, and presentence reports (2C:52-21)
• Department of Corrections for classification and evaluations (2C:52-23)
• Violent Crimes Compensation Board (2C:52-18)
• Supervisory treatment/diversion programs (2C:52-20)

So 2C:52-22 is not the only context in which expunged records can still be accessed and considered in New Jersey. However, these exceptions are limited to purposes deemed important enough by the legislature to override confidentiality.