This bill introduces significant restrictions on the use and dissemination of expunged criminal records in New Jersey. It amends existing laws to require that individuals or entities engaged in the business of collecting and disseminating criminal records must only report information received from the State Bureau of Identification or the Judiciary within the last 30 days. They are also mandated to promptly delete any records they know to be expunged and provide a free mechanism for individuals to request corrections to their records, including the deletion of expunged information within 30 days. Additionally, the bill eliminates the previous $200 cap on fines for wrongful disclosure of expunged records, allowing for civil actions against violators, with penalties set at $5,000 per violation or actual damages, whichever is greater.

Furthermore, the bill imposes duties on professional licensing boards to redact or seal references to expunged convictions in their records when a license is suspended or revoked due to such convictions. However, the fact of the suspension or revocation itself will remain on record. The bill also requires the State Police and Judiciary to adopt regulations ensuring compliance with the non-disclosure of expunged records, thereby enhancing protections for individuals with expunged records and addressing concerns raised in the case of E.A. v. Real Estate Commission regarding the impact of expunged convictions on licensing records.

Statutes affected:
Introduced: 2B:1-4, 45:1-21.4, 53:1-20.6