New Jersey Section 2C:52-32 – Construction: What You Need to Know

New Jersey’s expungement laws allow people convicted of certain crimes to have their criminal records cleared after a period of time. Section 2C:52-32 of the New Jersey code deals specifically with how the state’s expungement laws should be interpreted and applied. This section provides important guidance for anyone seeking expungement in New Jersey.

Overview of Expungement in New Jersey

New Jersey’s expungement laws are contained in Chapter 52 of Title 2C of the New Jersey Statutes. Expungement is the process of having your criminal record cleared and essentially erased. If you qualify for expungement, your charges will be dismissed and you can legally answer “no” if asked whether you have ever been arrested or convicted.

There are certain eligibility requirements and procedures that must be followed to get an expungement in New Jersey. Some of the key things to know:

• You must wait a designated waiting period after completion of your sentence before applying for expungement. This ranges from 3-10 years depending on the crime.
• Certain serious offenses like murder, kidnapping, aggravated sexual assault, and robbery are not eligible for expungement.
• The process involves filing a petition, submitting fingerprints, paying fees, and appearing at a court hearing.
• If granted, the court will issue an expungement order directing agencies to clear your record.
• Expunged records remain available to certain agencies like law enforcement but are no longer public.

What Does 2C:52-32 Cover?

Section 2C:52-32 deals with how New Jersey’s expungement laws should be interpreted by courts. It contains guidance on issues like retroactivity, severability, and liberal construction. Some key points:

• The section specifies that amendments to the expungement laws apply retroactively. This means changes apply to past offenses/convictions.
• It says that if any part of the expungement laws are found invalid, the remaining provisions should still be given effect.
• Courts are instructed to give the expungement laws a “liberal construction.” This means ambiguities should be resolved in favor of granting expungement.

Why Is 2C:52-32 Important?

This section of the expungement laws contains important instructions for courts on how to carry out the intent of New Jersey’s expungement scheme. Some key reasons it matters:

• It expands access to expungement by requiring retroactive application of changes to the law.
• It aims to preserve expungement rights even if parts of the law are invalidated.
• It directs courts to lean toward granting expungement when the law is unclear.
• Following 2C:52-32 helps ensure uniform statewide application of expungement rights.

Retroactivity Provision

The retroactivity provision of 2C:52-32 specifies that amendments to the expungement law apply to past criminal convictions, not just future ones. For example, if the waiting period is reduced from 10 years to 5 years, this change would apply retroactively. People with older convictions that are now eligible for expungement due to a change in law can benefit.

Severability Clause

The severability clause in 2C:52-32 deals with what happens if part of the expungement law is found to be invalid or unconstitutional. It specifies that the remaining, valid sections should stay in effect. So for example, if the $75 filing fee was found illegal, people would still be able to seek expungement, just without paying the fee. This prevents the entire expungement scheme from being invalidated due to one problematic provision.

Liberal Construction

The liberal construction provision directs courts to interpret ambiguities in the expungement laws in favor of granting expungement. So if the law is unclear about whether a specific offense is eligible, courts should find that it is eligible. This furthers the remedial purpose of expungement to give people a second chance. Following this provision helps ensure consistent statewide application of expungement rights.

Eligibility for Expungement

While 2C:52-32 does not directly address eligibility, it is important to note which types of crimes can be expunged in New Jersey:

• Most disorderly persons offenses and petty disorderly persons offenses
• Most third and fourth degree indictable offenses
• Some second degree offenses like theft, forgery, and distribution of marijuana/hashish
• Certain drug offenses committed under age 21

Murder, kidnapping, aggravated sexual assault, robbery and other serious violent crimes are not eligible for expungement. The full list of eligible offenses is contained in 2C:52-2.

Conclusion

Section 2C:52-32 of New Jersey’s expungement laws contains important guidance for courts on interpreting and applying the statutes. The provisions on retroactivity, severability, and liberal construction aim to provide uniform, statewide access to expungement rights. Understanding 2C:52-32 is key for anyone seeking to clear their criminal record in New Jersey.