Title 2C, Title 2C: THE NEW JERSEY CODE OF CRIMINAL JUSTICE

2C:47-4.1. Transfer out of Adult Diagnostic and Treatment Center 6. a. The commissioner shall order the transfer out of the Adult Diagnostic and Treatment Center of any offender serving a life sentence without eligibility for parole and any offender not participating in or cooper…

2C:47-4.2. Confinement of female offenders 7. An offender sentenced in accordance with the provisions of this chapter who is female shall be confined in a facility designated by the commissioner pursuant to section 2 of P.L.1969, c.22 (C.30:4-91.2), but otherwise shall be subject…

2C:47-5. Parole 2C:47-5. Parole a. Any offender committed to confinement under the terms of this chapter shall become eligible for parole consideration upon referral to the State Parole Board of the offender's case by a special classification review board appointed by the commiss…

2C:47-5.1. Revocation of parole 3. a. Whenever the parole of an offender committed to confinement under the terms of this chapter is revoked by the State Parole Board, the Department of Corrections shall, within 90 days of the date of revocation of parole, complete a psychologica…

2C:47-7. Cost of maintenance 2C:47-7. Cost of Maintenance. The Commissioner shall determine and fix the per capita cost of examining and maintaining any offender upon order of the court pursuant to N.J.S.2C:47-1 and shall furnish a copy of the order to the county treasurer of the…

2C:47-8. Adult Diagnostic and Treatment Center, "good time"; conditions 1. Notwithstanding the provisions of section 7 of P.L.1979, c.441 (C.30:4-123.51), R.S.30:4-140, R.S.30:4-92 or any other law, a term of imprisonment imposed on a person confined to the Adult Diagnostic and T…

2C:47-9 Establishment of program to record, analyze recidivism of convicted sex offenders. 1. a. The Commissioner of Corrections shall establish a program to record and analyze the recidivism of all inmates who are released from the Adult Diagnostic and Treatment Center, whether …

2C:48A-1 "Criminal Sentencing and Disposition Commission." 1. a. There is hereby created a commission to be known as the "Criminal Sentencing and Disposition Commission" to consist of 13 members as follows: the Attorney General, or his designee; the Public Defender, or his design…

2C:48A-2 Duty of commission. 2. a. It shall be the duty of the commission to conduct a thorough review of the criminal sentencing provisions of New Jersey law for consideration of possible recommendations for revisions to the laws governing the criminal justice system. These reco…

2C:48A-3 Constitution of commission. 3. The commission shall constitute a commission of the Legislature in accordance with the provisions of Article IV, Section V, paragraph 2 of the New Jersey Constitution. L.2009, c.81, s.3.

2C:48A-4 Report to Governor, Legislature. 4. The commission shall issue a report of its findings and recommendations to the Governor and the Legislature within one year of organization of the commission and each year thereafter. L.2009, c.81, s.4.

2C:48B-1 Findings, declarations relative to certain racial and ethnic impact statements. 1. The Legislature finds and declares that: a. Public policymakers are increasingly concerned with the disparity between the number of minorities in the population and the number incarcerated…

2C:48B-2 Racial and ethnic impact statement for certain proposed rules. 3. In proposing a rule for adoption, the agency involved shall issue a racial and ethnic community criminal justice and public safety impact statement setting forth whether the proposed rule will have an impa…

2C:51-1. Basis of disqualification or disability a. No person shall suffer any legal disqualification or disability because of his conviction of an offense or his sentence on such conviction, unless the disqualification or disability involves the deprivation of a right or privile…

2C:51-2 Forfeiture of public office, position, or employment. 2C:51-2. Forfeiture of Public Office, Position, or Employment. a. A person holding any public office, position, or employment, elective or appointive, under the government of this State or any agency or political subdi…

2C:51-2.1 Applicability of act. 3. This act shall apply as follows: a. Any person who forfeited or was disqualified from holding any public office, position, or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof, …

2C:51-3. Voting and jury service A person who is convicted of a crime shall be disqualified a. From voting in any primary, municipal, special or general election as determined by the provisions of R.S. 19:4-1; and b. From serving as a juror as determined by the provisions of N.J.…

2C:51-5. Forfeiture, suspension of license, certificate; exceptions 4. a. (1) A practitioner convicted of health care claims fraud pursuant to subsection a. of section 3 of P.L.1997, c.353 (C.2C:21-4.3) or a substantially similar crime under the laws of another state or the Unite…

2C:52-1 Definitions of expungement. 2C:52-1. Definition of Expungement. a. Except as otherwise provided in this chapter, expungement shall mean the extraction, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enfor…

2C:52-10 Service of petition and documents. 2C:52-10. a. Until the date that the e-filing system is established by the Administrative Office of the Courts pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), a copy of each petition, together with a copy of all supporting doc…

2C:52-10.1 System to electronically file expungement applications. 11. a. (1) No later than twelve months after the effective date of this section, the Administrative Office of the Courts shall develop and maintain a system for petitioners to electronically file expungement appli…

2C:52-11. Order expungement where no objection prior to hearing If, prior to the hearing, there is no objection from those law enforcement agencies notified or from those offices or agencies which are required to be served under 2C:52-10, and no reason, as provided in section 2C:…

2C:52-12. Denial of relief although no objection entered In the event that none of the persons or agencies required to be noticed under 2C:52-10 has entered any objection to the relief being sought, the court may nevertheless deny the relief sought if it concludes that petitioner…

2C:52-13. When hearing on petition for expungement shall not be held No petition for relief made pursuant to this section shall be heard by any court if the petitioner, at the time of filing or date of hearing, has a charge or charges pending against him which allege the commissi…

2C:52-14 Grounds for denial of relief. 2C:52-14. A petition for expungement filed pursuant to this chapter shall be denied when: a. Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief. b. T…

2C:52-15 Disposition of records. 2C:52-15. a. Except as provided in subsection b. of this section, if an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of …

2C:52-15.1 Online portal to obtain expungement order status; report to Governor, Legislature. 1. a. The Division of State Police shall establish or continue to maintain, and update, as appropriate, an online portal, in the form of an Internet website, that, free of charge, allows…

2C:52-16. Expunged record including names of persons other than petitioner Any record or file which is maintained by a judicial or law enforcement agency, or agency in the criminal justice system, which is the subject of an order of expungement which includes the name or names of…

2C:52-17. Use of expunged records by agencies on pending petition for expungement Expunged records may be used by the agencies that possess same to ascertain whether a person has had prior conviction expunged, or sealed under prior law, when the agency possessing the record is no…

2C:52-18 Supplying information to Violent Crimes Compensation Office. 2C:52-18. Information contained in expunged records may be supplied to the Violent Crimes Compensation Office, in conjunction with any claim which has been filed with said office. Amended 2017, c.244, s.7.

2C:52-19. Order of superior court permitting inspection of records or release of information; limitations Inspection of the files and records, or release of the information contained therein, which are the subject of an order of expungement, or sealing under prior law, may be per…

2C:52-2 Indictable offenses. 2C:52-2. Indictable Offenses. a. In all cases, except as herein provided, a person may present an expungement application to the Superior Court pursuant to this section if: the person has been convicted of one crime under the laws of this State, and d…

2C:52-20 Use of expunged records in conjunction with supervisory treatment or diversion programs. 2C:52-20. Use of Expunged Records In Conjunction with Supervisory Treatment or Diversion Programs. Expunged records may be used by the court in determining whether to grant or deny t…

2C:52-21 Use of expunged records in conjunction with setting bail or authorizing pretrial release, presentence report, or sentencing. 2C:52-21. Use of Expunged Records in Conjunction with Setting Bail or Authorizing Pretrial Release, Presentence Report, or Sentencing. Expunged re…

2C:52-22. Use of expunged records by parole board Expunged records, or sealed records under prior law, of prior disorderly persons, petty disorderly persons and criminal convictions shall be provided to the Parole Board when same are requested for the purpose of evaluating the gr…

2C:52-23. Use of expunged records by department of corrections Expunged records, and records sealed under prior law, shall be provided to the Department of Corrections for its use solely in the classification, evaluation and assignment to correctional and penal institutions of pe…

2C:52-23.1 Use of expunged, sealed records. 8. a. Notwithstanding any provision in this act to the contrary, expunged or sealed records may be used to facilitate the State Treasurer's collection of any court-ordered financial assessments that remain due at the time an expungement…

2C:52-24 County prosecutor's obligation to ascertain propriety of petition. 2C:52-24. County prosecutor's obligation to ascertain propriety of petition. Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wher…

2C:52-25. Retroactive application This chapter shall apply to arrests and convictions which occurred prior to, and which occur subsequent to, the effective date of this act. L.1979, c. 178, s. 132, eff. Sept. 1, 1979.

2C:52-26. Vacating of orders of sealing; time; basis 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 …

2C:52-27 Effect of expungement. 2C:52-27. Effect of expungement. Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions r…

2C:52-27.1 Petition to rescind order of debarment for health care claims fraud; restoration. 5. a. If an order of expungement of records of conviction under the provisions of chapter 52 of Title 2C of the New Jersey Statutes is granted by the court to a person convicted of health…

2C:52-28. Motor vehicle offenses Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39. L.1979, c. 178, s. 135, eff. Sept. 1, 1979.

2C:52-29 Fees waived for certain applications. 2C:52-29. Any person who files an application pursuant to this chapter shall not be charged a fee for applying for an expungement, and any fee set forth in the Rules of Court, which was, based on the Supreme Court's temporary authori…

2C:52-3 Disorderly persons offenses and petty disorderly persons offenses. 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses. a. (1) Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of…

2C:52-30. Disclosure of expungement order Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or se…