New Jersey Gov. Phil Murphy. Photo: Carmen Natale/ALM

Gov. Phil Murphy on Wednesday signed legislation that he said sets the stage for reforming New Jersey's expungement process.

The measure, S-4154, is considered part of Murphy's effort to reform New Jersey's criminal justice system as a cornerstone of the governor's "Second Chance Agenda."

It passed both chambers of the Legislature on Monday.

"Our administration is deeply committed to transforming our criminal justice system, and today we are taking a historic step to give residents impacted by that system a second chance," Murphy said in a statement. "I am proud to sign one of the most progressive expungement laws in the nation, which will allow more New Jerseyans the opportunity to fully engage in our society."

"These measures signed today by Gov. Murphy will help restore fairness to the criminal justice system and remove some of the fundamental barriers to reentry." U.S. Sen. Cory Booker, D-New Jersey, said of the measure, and another one that Murphy signed on the same day that restores voting rights for those on parole or probation.

Murphy originally pushed to have expungement as a key component of the legislation to legalize adult-use marijuana. After that effort stalled, lawmakers and Murphy resigned to making expungement of minor drug offenses a completely separate bill.

S-4154, sponsored by Sen. Sandra Cunningham, D-Hudson; Senate President Steve Sweeney, D-Gloucester; and Sen. Teresa Ruiz, D-Essex, fulfills that role and creates a petition process for "clean slate" expungement for residents who have neither committed an offense in 10 years and nor been convicted of more serious crimes.

The measure also requires the state to implement an automated clean slate expungement system, which is to be developed by a task force. Further, the bill requires that low-level marijuana convictions be sealed upon the disposition of a case, preventing those convictions from being used against those individuals in the future. It also makes numerous other changes to existing expungement procedures, including the creation of an e-filing system that would eliminate filing fees to petition for an expungement, according to the release.

The Assembly version of the bill, A-5981, is sponsored by Annette Quijano, D-Union; Angela McKnight, D-Hudson; Benjie Wimberly, D-Bergen; and Verlina Reynolds-Jackson, D-Mercer.

Murphy last August conditionally vetoed an earlier expungement bill, S-3205, in part because of the burden that he said it could put on the court system and those using it, and because the current system was not able to handle mass automatic expungements right away. In his 19-page conditional veto letter Aug. 23, Murphy made several recommendations that he said would strengthen the legislation. He also urged adding amendments suggested by the Administrative Office of the Courts. Among his proposed changes were a requirement that the state implement an "automated clean slate expungement system" for individuals convicted of multiple crimes who have had a clean record for at least 10 years, and establishment of a streamlined, electronic expungement filing system.

A subsequent vote to amend S-3205 in accordance with the governor's recommendations was put off for lack of legislators present during the Sept. 12 voting session, and because of the disruption of upcoming state elections.

Meanwhile, primary sponsors of the original expungement measure—Cunningham, Sweeney and Ruiz—introduced a new bill, S-4154, on the same day, shortly after the voting session.

S-4154 was approved in both the Senate and Assembly in floor votes Monday. Murphy signed it Wednesday.

After the signing, Sweeney said in a statement, "Expanding the expungement program is an important part of our ongoing effort to bring meaningful reforms to the criminal justice system. If we are to truly give former offenders a fair opportunity to succeed, they need to have the ability for a clean slate. Removing the stigma of past convictions will allow them to get jobs so they can support themselves and their families as productive members of society. Everyone deserves a second chance, this is a way of actually giving people that opportunity."

Assemblyman Jamel Holley, D-Union, said in a statement Wednesday, "This is a fight for social justice for the many residents who need a clean slate. This new law forges a path to real justice for over 2,000 eligible citizens and opens the doors to them for economic opportunity and a second chance. By shifting from the current system to one that is automated and carries a lesser financial burden, we can help more people gain employment and seize the opportunities life presents them."

Dr. Kevin Sabet, president of Smart Approaches to Marijuana (SAM) and its affiliate, New Jersey Responsible Approaches to Marijuana Policy (NJ-RAMP), also released a statement in response to Murphy's signing of S-4154. The groups oppose legalization of adult-use recreational marijuana, but support the expungement of low-level marijuana offenses and decriminalization of marijuana.

"While the signing of this bill is a win for social justice in New Jersey and should be applauded, leadership has yet to bring forth a bill to decriminalize small amounts of marijuana even though it has been widely reported the votes are there to pass it," Sabet said. "Marijuana industry supporters in the Legislature know the general public support a policy of decriminalization over their commercialization scheme and as such have tried to stop it from happening. The people of New Jersey cannot wait any longer."