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Bill

A 1934

Imposes certain duties on persons or entities engaged in business pertaining to criminal records and imposes penalties for disseminating expunged record; increases maximum fine for current disorderly persons offense.

2026-2027 Regular Session Introduced by Annette Quijano

The bill strengthens expungement protections by raising fines for disclosing expunged records, and imposes duties and penalties on for-fee record-keepers to keep data accurate and

Introduced, Referred to Assembly Judiciary Committee
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Bill Summary · A 1934

Summary of Bill A 1934 (New Jersey, 222nd Legislature)

Core purpose

This bill enhances protections around expungement of criminal records and imposes duties on entities that handle criminal history information for a fee. It expands penalties for disclosing expunged or sealed records and strengthens accountability for record providers to keep data accurate and up-to-date.

Key provisions and changes

1) Increased penalty for disclosure of expunged records

  • Current law: Unauthorized disclosure of expunged or sealed arrest/conviction information is a disorderly persons offense with a maximum fine of $200.
  • New provision: The maximum fine is increased to $2,000.
  • Scope: Applies to any person who reveals the existence of expunged or sealed records to another with knowledge that the records have been expunged or sealed.

2) Duties for record-keepers (criminal records for a fee)

  • Entities regularly engaged in collecting, assembling, evaluating, or disseminating criminal records for a fee must:
    • Regularly update records to ensure accuracy.
    • Promptly delete records that have been expunged.
    • Provide clients with the date the record was collected.
    • Explain to clients that records are only valid as of the date collected.

3) Penalties for disseminating expunged records by record-keepers

  • If a fee-based records entity disseminates a criminal record that has been expunged and knows or should have known it has been expunged, the entity is liable to the individual for:
    • A penalty of $5,000 or actual damages (whichever is greater), plus costs and attorney fees.

4) Effective date

  • The act takes effect on the 90th day after enactment.

Who/what is affected

  • Individuals whose expunged or sealed criminal records are disclosed to others (potentially facing higher fines for improper disclosure).
  • Entities that regularly collect, assemble, evaluate, or disseminate criminal records for a fee (e.g., background-check businesses, data brokers, employment screening firms, private investigators).
  • Clients of those record-keeping entities (employers, lenders, or others who receive expunged records), by requiring transparency about data collection dates and record validity.

Procedural and timeline notes

  • Introduction: January 13, 2026; referred to Assembly Judiciary Committee.
  • Effective date: 90 days after enactment.
  • The bill codifies new duties and remedies within N.J.S.2C:52-30, expanding both penalties and professional obligations in the expungement framework.

Potential impact

  • Strengthened deterrence against improper disclosure of expunged records due to higher fines (up to $2,000 for individuals) and substantial damages for record-keepers ($5,000 or actual damages, plus costs/attorney fees).
  • Increased accountability and data integrity requirements for entities handling criminal history for a fee, potentially reducing outdated or erroneous expunged records in circulation.
  • Greater transparency and consumer protections for individuals whose expunged records could otherwise resurface via dissemination by record-keepers.

Compiled from official sources — confirm details with the bill’s official record.

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