Mental Health Expungement Override Vote Fails

On December 3, 2015, the New Jersey Assembly voted to override Governor Christie’s veto of S2360. This bill would make it harder for people to expunge their mental health records.

Pursuant to the NICS Improvement Amendments Act of 2007, a person with a record of a civil commitment in a mental health facility will be disqualified from purchasing a firearm. However, New Jersey law allows for the expungement of mental health records under N.J.S. 30:4-80.8.

Currently, a petition for the expungement of mental health records must be filed in Superior Court and served on the County Adjuster’s Office and the medical director of the facility where the petitioner was committed. The new bill, S2360, would require the petitioner to also serve notice on the police. This would allow the police, in addition to the County Adjuster’s Office and the medical director, the opportunity to object to the expungement.

The veto override failed to pass the Assembly on December 3, 2015.

Attorney Jason T. Komninos will continue to follow the developments regarding guns laws in New Jersey.