N.J. Admin. Code § 10A:22-4.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10A:22-4.1 - Procedures for expungement of records and information

(a) Pursuant to N.J.S.A. 2C:52-1 et seq., whenever the Administrator of a correctional facility, administrative supervisor, or staff member receives an Order from the Courts directing the expungement of inmate records, all records and information that are subject to said Order of Expungement shall be removed from the files and forwarded to the requesting supervising Classification Officer.

(b) Inmate records shall include, but not be limited to:

1. Classification;

2. Identification;

3. Medical/mental health;

4. Education;

5. Professional services;

6. Payroll;

7. Business office;

8. Management control;

9. Operations;

10. Special Investigations Division; and

11. Mail records.

(c) To avoid any confusion and/or complication relative to permanent numerical files that may be maintained in various areas, a blank card reflecting only the appropriate number and in bold print, "NO RECORD," shall be inserted in place of the permanent record being removed.

(d) In the event there are reports, documents or material wherein more than one individual is mentioned, the name of the individual whose record has been expunged may be redacted, rather than purging said record in its entirety.

(e) Any future court orders concerning the expunged records shall be forwarded immediately to the requesting supervising Classification Officer.

(f) When an Order of Expungement is received and the individual named in such Order cannot be identified from the files, or if it is determined that the records have been transferred to another location or holding area, the Order shall be forwarded immediately to the requesting supervising Classification Officer.

(g) When handling inquiries for information relative to records affected by Orders of Expungement, the appropriate response shall be "NO RECORD."

(h) Disclosure of any information and/or records which have been expunged by Order of the Court is punishable in accordance with 2C:52-30.

N.J. Admin. Code § 10A:22-4.1

Administrative change.
See: 32 New Jersey Register 303(a).
Amended by R.2004 d.317, effective 8/16/2004.
See: 36 New Jersey Register 1869(a), 36 New Jersey Register 3880(b).
In (d), substituted "redacted" for "obliterated".

Amended by 56 N.J.R. 779(a) effective 5/6/2024