New Jersey Law Allows for Vacating of Expungement Orders Within 5 Years

In New Jersey, those who have had their criminal records expunged may find that the relief is not permanent. Section 2C:52-26 of New Jersey law allows for the vacating of expungement orders within 5 years under certain circumstances. This article will examine this law and its implications for those seeking and obtaining expungements in the state.

Overview of New Jersey Expungement Law

New Jersey has an expungement law that allows people convicted of certain crimes to have their criminal records sealed from public view. An expungement does not erase or delete a criminal record, but it does remove it from public databases so that most employers, landlords, and others cannot see it.

To be eligible for expungement in New Jersey, a person must meet certain requirements relating to the type of crime, number of convictions, and passage of time since the convictions. The process involves filing a petition, going through a hearing, and serving notices to various law enforcement agencies. If granted, an expungement order directs that the criminal record be sealed and treated as if it does not exist.

Expungement Orders Can Be Vacated Within 5 Years

However, under Section 2C:52-26 of New Jersey law, an expungement order can potentially be vacated within 5 years if certain conditions are met. Specifically, the law states:

“If, within 5 years of the entry of an expungement order, any party to whom notice is required to be given pursuant to section 2C:52-10 notifies the court which issued the order that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person to whom the court granted such order, which were not revealed to the court at the time of hearing of the original motion or that there was some other statutory disqualification, the court may vacate the expungement order in question.”

In plain language, this means that if any agency or party that was entitled to notice of the original expungement petition learns of pending charges or another statutory disqualification that was not disclosed, they can ask the court to vacate (undo) the expungement order.

They have up to 5 years to do so. If the court finds that relevant information was indeed withheld or not known at the time, it has the discretion to vacate the order.

Implications and Analysis

Allowing for the vacating of expungements in this manner has some notable implications:

• No guarantee of permanence – The 5 year window means expungements in New Jersey are not necessarily permanent. Someone with an expunged record must continue to disclose it when formally asked by employers, landlords etc. within that time frame.
• Ethical dilemma – Applicants for expungement may feel tempted to not disclose pending charges, but this law encourages full transparency. Knowingly withholding charges risks the expungement being overturned later.
• Narrow window – The law provides only a 5 year window. After that, an expungement order appears to be permanent barring any unusual circumstances.
• Due process – The law builds in due process by requiring the vacating to go through the courts. A judge must find cause to overturn their original order.
• Incentivizes disclosure – By allowing for vacating in cases of non-disclosure, the law encourages petitioners to be forthcoming about any pending issues. This promotes full information for better decision-making.
• Continued background checks – Employers, landlords and others may continue checking backgrounds and conducting due diligence during the 5 year window, knowing expungements can potentially be vacated during this time.

Overall, while Section 2C:52-26 limits the permanence of expungements in New Jersey, it also builds in important safeguards. For those seeking an expungement, the law emphasizes erring on the side of full transparency in their petition. Legal counsel can help navigate any uncertainties around disclosure.