NJ criminal records overview:
- Who: The New Jersey State Police and Colonel Patrick J. Callahan are facing a class action lawsuit from six anonymous plaintiffs through the New Jersey Office of the Public Defender.
- Why: The police class action is asking the court to require the state police to process expungement orders fully in a timely manner so that passed expunged criminal records do not show up in NJ background checks.
- Where: The NJ criminal records class action was filed in New Jersey Superior Court in Mercer County.
The New Jersey State Police and Colonel Patrick J. Callahan are facing a class action lawsuit from six anonymous plaintiffs through the New Jersey Office of the Public Defender asking the court to require the state police to process expungement orders fully in a timely manner.
The only ask from the lawsuit is that requirement, with the plaintiff claiming that the state police take many months and sometimes over a year, on what the lawsuit calls “lengthy and unreasonable processing delays.”
“This means that potential employers and other organizations that run background checks learn about Plaintiffs’ and class members’ criminal histories, in contravention of the court orders expunging those records,” the NJ background check lawsuit claims.
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The New Jersey Legislature has continued to expand the records allowed to be expunged but New Jersey residents haven’t been able to benefit from that due to delays.
“The NJSP is a crucial player in this process because the New Jersey Code specifically tasks it (through its subsidiary, the State Bureau of Identification) with disseminating criminal histories in response to background checks,” the NJ criminal records class action says.
In other law enforcement news, last year, a former sex worker filed a class action lawsuit in the British Columbia Supreme Court to force criminal records relating to sex work to be removed from police information systems, as sex work is now legal in the province.
Have you had a criminal charge that was supposed to be expunged remain in the court system? Let us know in the comments.
The plaintiff is represented by Fletcher C. Duddy and Michael R. Noveck of the New Jersey Office of the Public Defender.
The NJ criminal records class action lawsuit is AA, et al. v. Colonel Patrick J. Callahan, Case No. MER-L-002001-23, in the Superior Court of New Jersey, Mercer County.
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9 thoughts onNJ state police failed to remove expunged criminal records from background checks, class action claims
Who do you contact by email within the Pennsylvania State Police get them to comply with the court ordered Expungement?
What needs to happen is a Class Action needs to be started for Heavy Losses & Monetary Damages Against the Pennsylvania State Police and New Jersey State Police and be taken up the circuit courts above each one until it gets to a court and judge outside of these Lawless states all the way to The Supreme Courts if need be
My expungment order was signed 3/30/23 and was just denied by nics. I would also like to join this class action as well. Please let me know how.
How do we get in on this class action I lost three jobs all at over 100k a year to sit home and collect federal aid taking money I could be earning in the workforce and having to rely on the backs of other hard working Americans to live
Now since the class action lawsuit they don’t answer the phones anymore and it’s January 2024. First recording will say they busy helping other customers then have you on hold then it’ll start to ring and ring and ring and no one picks up. This is so unfair when my record was ordered and approved to be expunged by my lawyer I paid out my pocket was on March 3rd 2023 and it stated it’ll take 12-16 weeks and it seems to be about 46 weeks now. How can other people that’s dealing with their mess join the class action lawsuit?
Hi,the judge gave me a expungement back in December 2021. An as of this date January 2024. I am still waiting for New Jersey state police to clear it or seal it. It just doesn’t make sense to be waiting this long. I would love to join that class action lawsuit. NJ state police need to get their act together.. it easy for New Jersey state police to put your information in the system fast. But when is time to take it out, they move like a snail.
I was granted a clean slate expungment 9/2023 (I filed 4/2021). I’m worried it’s going to take the state police 2yrs to get around to actually clearing my record. I’m not sure if contacting a lawyer would help. I did my expungment myself, pro se
I have e been waiting since January for an order of expungement. The court system is back up as well. I thought the court had to grant them in a timely manner (like within 90 days.) My church won’t let me serve with them till this is all squared away. Now I find out it’s possible that I’ll have to wait 2 years after I get the order back. This is crazy. It has been over 13 years since I’ve had a charge. Isn’t this supposed to be automatic after 10 years. Madness!
I’m also going through this right now. My record was expunged in July. I applied and received my FID through NJSP but when I purchased my first firearm the NICS was denied. So not only did I not get my firearm but I also lost 25% of the purchase price for a restocking fee. To make things worse, I was on the phone with an officer from the Expungement Unit yesterday and he basically yelled at me the whole time. Told me I wasn’t expunged until HE investigates my case (which is a lie, judge Terrence R Cook signed off on my paperwork and ordered the records to be sealed). Then he yelled that they are working on early 2022 and they’ll get to me in about 18 months. I have about $4000 wrapped up in all this and doesn’t seem to be a light at the end of the tunnel.
The State of Pennsylvania is also guilty of not removing expunged records as well, I’ve had two separate occasions when it came up during a background check when applying for jobs.