TRENTON, N.J. — A new bill introduced in the New Jersey legislature aims to update procedures for handling criminal background checks in the state, particularly focusing on individuals with pending expungement orders. The proposed law would amend P.L.1985, c.169, requiring the State Bureau of Identification (SBI) within the New Jersey State Police to verify and update criminal records before disseminating any background information.
The amendment mandates that before providing criminal history information, the SBI must check whether an individual has been granted an expungement order by the Superior Court that remains unprocessed. If an unprocessed order exists, the SBI must update its records to reflect the expungement before releasing any information to state, county, local government agencies, or authorized nongovernmental entities.
A key provision of the bill, which takes immediate effect upon passage, is intended to address potential issues arising from delays in expungement processing. “This bill would specify that prior to disseminating background information, the SBI is required to determine whether the person to whom the background information pertains has an unprocessed order of expungement,” according to the legislative statement accompanying the bill.
Under current regulations, the SBI is authorized to disseminate criminal history records upon request, but the statute does not specifically address situations involving unprocessed expungement orders. The bill’s authors highlighted that this lack of specification can lead to the release of outdated records, potentially affecting individuals seeking employment, volunteer positions, or licenses.
The bill also reinforces the SBI’s authority to collect fees for processing background checks and fingerprint identification, with certain exemptions in cases involving volunteer applicants or prospective resource family parents. However, in such instances, state or local government departments overseeing volunteer programs may bear the cost of processing.
The amendment is designed to prevent errors in criminal background checks and ensure individuals are not unfairly precluded from opportunities due to delays in expungement processing.
