The New Jersey General Assembly has taken a significant step towards ensuring fairness in the justice system by unanimously passing Bill A3881. This bill aims to prevent the dissemination of criminal history information for individuals who have had their records expunged, including those related to marijuana offenses.
The bill directly addresses the long-standing injustices caused by the War on Drugs, particularly concerning marijuana-related convictions. Sponsored by Assembly members Annette Quijano and Ellen J. Park, the legislation aims to prevent discrimination and improve access to opportunities by safeguarding erased histories during background checks.
If enacted, the State Bureau of Identification (SBI) will be required to check for unprocessed expungement orders before sharing any criminal history information. This ensures that individuals with expunged records are not mistakenly labeled as criminals, preventing unfair obstacles when seeking employment, housing, or education. The SBI will also be required to update its records to reflect any eligible expungements, ensuring outdated and inaccurate information is no longer used to hinder individuals’ futures.
“This unanimous vote underscores the importance of protecting privacy and ensuring fairness in our justice system,” said Quijano in a press release. “Expungements are intended to provide individuals with a second chance, and this legislation ensures that they are not burdened by their past when it has been legally erased.” Park echoed this sentiment, stating, “By removing the barriers associated with a criminal record, people gain greater access to job opportunities, housing, and education, allowing them to move forward without the weight of past mistakes.”
However, the bill faces further challenges in the New Jersey Senate. Although a companion legislation, S2513, was sponsored by State Senator Brian Stack, it has yet to pass committee scrutiny. The need for this bill is highlighted by the fact that, as of March 2024, there were 19,874 pending expungement cases in the state, according to a report by Attorney General Matthew J. Platkin. This backlog has even prompted a class action lawsuit, leading to an Interim Consent Order in June to expedite the processing of expungement orders.
The passage of this bill in the Assembly represents a crucial step towards ensuring a fair and inclusive justice system in New Jersey. However, its ultimate success hinges on its passage through the Senate, a hurdle that will require continued advocacy and support.
