N.J. Admin. Code § 3A:10-8.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 3A:10-8.2 - Time frames and start date

(a) A Department employee shall expunge a record which consists of an unfounded report, as specified in N.J.A.C. 3A:10-7.3(c)4, three years after determining that the report was unfounded, unless one of the exceptions listed in N.J.A.C. 3A:10-8.3 exists.

(b) If unfounded, a Department employee shall expunge the entire record, containing the original report and each subsequent unfounded report, three years after the date of the finding associated with the last report, if a subsequent report received during the three years prior to expunction is likewise unfounded, unless one of the exceptions listed in N.J.A.C. 3A:10-8.3 exists.

(c) The Department shall limit routine expunction of records to those which consist of unfounded reports, as specified in N.J.A.C. 3A:10-7.3(c)4, for which the finding was made on or after the April 7, 1997 enactment of N.J.S.A. 9:6-8.40a.

(d) The Department shall limit the expunction of a record to its computer file only, if the record consists of a report unfounded prior to April 7, 1997.

(e) An alleged perpetrator may submit a request, in writing, to the Department of Children and Families, Closed Records Liaison, PO Box 717, Trenton, New Jersey 08625-0717, when he or she seeks expunction of a record that consists of a report that was unfounded prior to April 7, 1997. The Department's Closed Records Liaison shall make a determination on each request in accordance with the criteria contained in this subchapter, and shall advise the alleged perpetrator, in writing, as to whether the Department shall expunge or retain the record.

N.J. Admin. Code § 3A:10-8.2

Recodified from N.J.A.C. 10:129-6.2 and amended by R.2012 d.015, effective 2/6/2012.
See: 42 N.J.R. 3034(a), 44 N.J.R. 263(a).
In (a), (b), and (c), updated the N.J.A.C. references.
Amended by R.2013 d.055, effective 4/1/2013.
See: 44 N.J.R. 357(a), 44 N.J.R. 2437(a), 45 N.J.R. 738(a).
In (a) and (c), updated the first N.J.A.C. reference; and in (e), substituted "Department of Children and Families" for "Division of Youth and Family Services" and "Department's" for "Division's", and inserted a comma following 08625-0717.