New Jersey Section 2C:52-23 – Use of expunged records by department of corrections

New Jersey Law Allows Limited Use of Expunged Records by Department of Corrections

New Jersey statute 2C:52-23 allows for limited use of expunged criminal records by the New Jersey Department of Corrections (DOC). This law, which is part of the state’s expungement statutes, permits the DOC to access expunged records for classification, evaluation, and risk assessment purposes. However, the law also places restrictions on how the DOC can use these records.

Overview of Expungement in New Jersey

In New Jersey, expungement is the process of having your criminal record sealed from general review. While expunged records are not destroyed, they are removed from public access and sealed by the courts.

To be eligible for expungement in New Jersey, you must meet certain requirements set by statute. These include waiting periods after conviction, limits on the number and type of convictions that can be expunged, and more.

If granted an expungement, your criminal record is essentially hidden from public view. Private citizens and most employers cannot access expunged records through background checks. In addition, you can legally deny the expunged offenses ever occurred.

However, expungement does not erase the record altogether. Certain agencies, like law enforcement, can still view expunged records in limited circumstances. Section 2C:52-23 creates one such exception for the Department of Corrections.

What 2C:52-23 Allows the DOC to Do

Under 2C:52-23, New Jersey’s DOC is permitted to access expunged criminal records in order to:

• Classify inmates
• Make evaluations and risk assessments
• “Otherwise use the records in the course of the performance of [the DOC’s] functions.”

This allows the DOC to review expunged records when making decisions about inmate housing, security levels, program eligibility, parole, and more. The law states expunged records shall be provided to the DOC “for its use solely in the classification, evaluation and assignment of offenders or inmates.”

Accessing expunged records helps the DOC better understand an inmate’s full history and make appropriate corrections decisions. This serves the state’s interest in maintaining security and order in prisons.

Limits on the DOC’s Use of Records

However, 2C:52-23 does not give the DOC free reign with expunged records. Use is limited to the purposes outlined above relating to classification and evaluation.

The DOC cannot, for example, share expunged records with outside agencies or individuals. The only exception is if required by a court order.

Inmates also retain certain rights regarding expunged records. The DOC must allow inmates to contest any mistaken or inaccurate records.

If the DOC impermissibly shares or uses expunged records, inmates may have grounds for a civil rights claim. One New Jersey case found DOC staff liable for improperly disclosing and considering expunged records during parole hearings.

Expungement Still Provides Many Benefits

While 2C:52-23 allows limited DOC access, expungement still offers significant advantages in New Jersey. An expungement will keep your record private from most employers, landlords, schools, and others.

In addition, if you have no further convictions after expungement, the DOC cannot share the expunged record with judges, prosecutors, or parole boards. The record can only be used internally for inmate classification.

For these reasons, expungement remains an important option for those with past convictions looking to move forward in New Jersey. An experienced criminal defense attorney can advise whether you may be eligible and help acquire expungement relief.

Arguments For and Against This Law

New Jersey’s law permitting DOC access to expunged records has been controversial. Supporters argue it helps prison administrators make better decisions regarding security and inmate management. However, critics say it undermines the “fresh start” expungement is meant to provide.

Here are some key arguments on both sides of the issue:

Supporting DOC Access

• Allows the DOC to better classify and house inmates based on full background. This promotes safety of inmates, staff, and the public.
• Helps determine appropriate security levels, program eligibility, and parole readiness based on complete history.
• Upholds the government’s compelling interest in maintaining order and security within corrections facilities.
• Only allows limited internal use for classification. Does not permit public disclosure.