Trenton, NJ – A new bill introduced in the New Jersey Senate would allow individuals to access their own expunged criminal records for use in immigration or naturalization matters.
Sen. Benjie E. Wimberly, representing Bergen and Passaic counties, introduced the legislation Monday.
The measure, known as S4848, proposes an amendment to existing state expungement law to ensure those with cleared records can still obtain them when needed for federal immigration proceedings.
Key Points
- Bill S4848 allows access to expunged records for immigration or naturalization purposes.
- The bill was introduced by Senator Benjie E. Wimberly on November 10.
- The proposal amends N.J.S.2C:52-15 to add a specific provision for immigration-related record requests.
What the bill would do
Under current New Jersey law, once an expungement is granted, criminal justice agencies remove the records and must respond to inquiries by stating there is “no record information.” Those records cannot be used or released for any purpose except in limited circumstances defined by law.
S4848 adds a new provision permitting the release of expunged records to the person who is the subject of the expungement—or to that person’s representative—if the request is made for an immigration or naturalization matter. The term “immigration or naturalization matter” would carry the same definition as provided under existing state statute, C.2C:21-31.
Background and rationale
According to the bill statement, the change is intended to address situations in which individuals whose records have been expunged are unable to access documentation required for immigration or citizenship processes. In some cases, federal authorities may still request proof of prior arrests or convictions even if those records have been cleared under state law.
The bill clarifies that expunged records can be made available upon request to ensure that individuals involved in such proceedings can provide the necessary documentation.
Implementation details
If enacted, the legislation would take effect immediately. It authorizes the Attorney General and the Administrative Director of the Courts to take any needed administrative steps in advance to prepare for its implementation. The measure does not alter how expungements are granted but adds an additional circumstance under which expunged records may be accessed.
Next steps in the Legislature
S4848 has been introduced in the State Senate for consideration during the 2024–2025 legislative session. The bill will proceed through the standard legislative process, beginning with committee review before any potential floor action.