Search Rutgers Law Library N.J. Court Opinions

16 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 656

... Div. 2008). The court noted the petitioner's argument that ' N.J.S.A. 2C:52-2 does not prohibit the expungement of convictions which involve domestic ...

docket:	a2535-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-21
status:	Published
citation:
Document Size:	131573

17 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF H.M.S -- rank: 650

... death, arguing the offense did not qualify for expungement under N.J.S.A. 2C:52-2(b). The trial court disagreed, and on April 3, 2019 ... oral decision. The State appeals, reiterating its contention that under N.J.S.A. 2C:52-2(b), a conviction for knowingly leaving the scene of a ... 18T1 2 I The Legislature's stated purpose in enacting N.J.S.A. 2C:52-2 was to provid[e] relief to the reformed offender who ... himself with unlawful activity[.]'' Id. (alterations in original). That said, N.J.S.A. 2C:52-2 provides certain crimes are barred from expungement. Relevant to this ... P.L.2017, c.165 (C.2C:11-5.3); . . . [ N.J.S.A. 2C:52-2(b) (emphasis added).] The court, however, decided not to apply ... 5.1 from the offenses that can be expunged under N.J.S.A. 2C:52-2(b) was a deliberate decision by the Legislature and ...

docket:	a3493-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-30
status:	Unpublished
citation:
Document Size:	20118

18 STATE OF NEW JERSEY v. L.P -- rank: 634

... did not abuse its discretion by denying the application under N.J.S.A. 2C:52-2(c)(3) as contrary to the public interest. Petitioner was ... expungement. Any conviction under subsection 'a' was not expungeable under N.J.S.A. 2C:52-2(b) based on the plain language of the statute. The ... ONE APPELLANT'S EXPUNG[E]MENT IS NOT PROHIBITED UNDER N.J.S.A. 2C: 52-2 (b). A-3910-18T2 3 POINT TWO [L.P]'S EXPUNG[E]MENT SHOULD NOT BE BARRED BECAUSE N.J.S.A.2C:52-2(b) IS AMBIG[U]OUS AND THE RULE OF LENITY ... items depicting the sexual exploitation or abuse of a child); . . . . [ N.J.S.A. 2C:52-2(b) (emphasis added).] Petitioner's conviction under N.J.S ... which would impair or debauch the morals of the child)[.] [ N.J.S.A. 2C:52-2(b) (1994).] It did not include reference to 'other ...

docket:	a3910-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-08
status:	Unpublished
citation:
Document Size:	24196

19 STATE OF NEW JERSEY v. R. O.-S. -- rank: 634

... the State 2 objected to the application citing ineligibility under N.J.S.A. 2C:52-2, N.J.S.A. 2C:52-3 and N.J ... 2021, the State objected to the application citing ineligibility under N.J.S.A. 2C:52- -2 and N.J.S.A. 2C:52-4. On September ... Code permitted, for example, the expungement of indictable offenses under N.J.S.A. 2C:52-2, disorderly and petty disorderly persons offenses under N.J.S ... not be convicted of certain enumerated offenses as outlined in N.J.S.A. 2C:52-2(b)—it expressly used such language in N.J ...

docket:	XP-21-0276
court:	NJ Superior Court Appellate Division
decided:	2022-12-12
status:
citation:
Document Size:	26353

20 G.D. v. Bernard Kenny and The Hudson County Democratic Organization, Inc. -- rank: 628

... or parole, or release from incarceration, whichever is later.” N.J.S.A. 2C:52-2(a). A court order of expungement does not result in ...

docket:	a-85-09
court:	New Jersey Supreme Court
decided:	2011-01-31
status:
citation:	205 N.J. 275 15 A.3d 300
Document Size:	158272

21 STATE OF NEW JERSEY v. D.L.C. -- rank: 622

... complaint or dismissed adult harassment charge. Defendant sought expungement under N.J.S.A. 2C:52-2, which authorizes a person to seek expungement of records and ... as many as two prior convictions for disorderly persons offenses. N.J.S.A. 2C:52-2(a). A person may obtain expungement of a disorderly persons ... J. 557 , 570 (2012) (once petitioner establishes objective elements of N.J.S.A. 2C:52-2(a), he is presumptively entitled to expungement). The State did ...

docket:	a2013-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-29
status:	unpublished
citation:
Document Size:	27672

22 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF T.S. -- rank: 616

... his criminal record under the "early pathways" provision, pursuant to N.J.S.A. 2C:52-2. In his petition, T.S. stated that his conviction was ... issue, we begin with a review of the expungement statute. N.J.S.A. 2C:52-2, which originally allowed for the grant of expungements after ten ... offense, and the applicant's character and conduct since conviction. [ N.J.S.A. 2C:52-2(a)(2) (emphasis added).] Moreover, the statute was amended to ... offense and the petitioner's character and conduct since conviction. [ N.J.S.A. 2C:52-2(c)(3) (emphasis added).] Most recently, the Supreme Court in ... requires a finding "that expungement is in the public interest." N.J.S.A. 2C:52-2(a)(2). Public interest is determined using fact-specific analysis ... must evaluate the petitioner's character and conduct since conviction. N.J.S.A. 2C:52-2(a)(2). LoBasso espoused factors the court should consider, ...

docket:	a1528-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-04
status:	unpublished
citation:
Document Size:	29620

23 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORD OF A.H. -- rank: 610

... crimes, which were precluded from expungement under the applicable statute, N.J.S.A. 2C:52-2(a). 1 Furthermore, because defendant was not entitled to expungement ... of] such conviction and all records and information pertaining thereto. . . . [ N.J.S.A. 2C:52-2(a) (emphasis added).] In Ross , supra , we reasoned that "when the Legislature enacted N.J.S.A. 2C:52-2, it deliberately chose to alter the more expansive view of ... criminal activity. Therefore, this petition is statutorily barred pursuant to N.J.S.A. 2C:52-2 and Ross , supra . 2 As a threshold matter, we note ... less than the ten-year post-conviction period required by N.J.S.A. 2C:52-2(a). Nevertheless, N.J.S.A. 2C:52-2(a)(2) allows such an application to be filed ...

docket:	a5415-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	21130

24 IN THE MATTER OF THE EXPUNGEMENT PETITION OF R.Z. -- rank: 608

... at 298-99. Relying on Ross , supra , we held that N.J.S.A. 2C:52-2(a) required proof of concurrency by stating that expungement of ... L. 2009, c. 188, § 1 (codified as amended at N.J.S.A. 2C:52-2(a)), which authorized discretionary expungement after only five years when ... the State, should bear the burden to demonstrate compliance with N.J.S.A. 2C:52-2(a), including the absence of a prior or subsequent crime ... the pre- and post-amendment versions of subsection (a) of N.J.S.A. 2C:52-2, regarding the expungement of records of indictable offenses. In its ... embodied in the criminal conviction for which expungement is sought. [ N.J.S.A. 2C:52-2(a) (2009) (emphasis added).] The 2010 amendment inserted, between the ... other relevant circumstances regarding the person's ability to pay. [ N.J.S.A. 2C:52-2(a).] The Supreme Court reviewed at length the history ...

docket:	a0996-13
court:	NJ Superior Court Appellate Division
decided:	2014-06-20
status:	unpublished
citation:
Document Size:	29053

25 IN RE PETITION FOR EXPUNGEMENT OF THE CRIMINAL RECORD BELONGING TO T.O -- rank: 606

... S] MULTIPLE CONVICTIONS, AND [PETITIONER] THEREFORE QUALIFIES FOR EXPUNGEMENT. A. N.J.S.A. 2C:52-2(a) Bars Expungement Based Upon the Fact of Certain Convictions ... 119 N.J. 416, 421 (1990)). On October 1, 2018, N.J.S.A. 2C:52-2(a) was amended to allow individuals to expunge more than one indictable offense under certain circumstances. N.J.S.A. 2C:52-2(a) now provides, in part: In all cases, except as ... any other jurisdiction. . . . The purpose of the 2018 amendment to N.J.S.A. 2C:52-2(a) was to 'revise procedures for expunging criminal and other ... convictions, except for those specifically listed as non-expungable in N.J.S.A. 2C:52-2(b). An expungement petitioner 'has the burden to satisfy the ... each offense was a discrete 'crime' within the meaning of N.J.S.A. 2C:52-2, and the second offense was 'subsequent' to the first, ...

docket:	a3148-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-30
status:	Unpublished
citation:
Document Size:	22083

26 A-0IN RE E.C PETITION FOR EXPUNGEMENT -- rank: 602

... years, but statute expressly assigns determination to court's discretion, N.J.S.A. 2C:52-2(a)(2); In re Appeal of the Denial of the ... to show affirmatively that expungement promotes the public interest. Compare N.J.S.A. 2C:52-2(a)(2) (requiring, as a condition of expungement five but ... 1. The court held that expungement was warranted pursuant to N.J.S.A. 2C:52-2, and rejected the county prosecutor's argument pursuant to N ...

docket:	a3713-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-12
status:	unpublished
citation:
Document Size:	63049

27 /usr/local/share/www/libweb/collections/courts/appellate/state.opn.html -- rank: 599

... otherwise ineligible for expungement pursuant to [the offenses barred in N.J.S.A. 2C:52-2].” 12 Albeit technically he was convicted of the municipal ...

docket:	State
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	32369

28 IN THE MATTER OF EXPUNGEMENT OF RECORDS OF R.N. -- rank: 599

... under N.J.S.A. 2C:52-4.1 and N.J.S.A. 2C:52-2. We disagree and affirm. The record reveals that petitioner R ... offense, two petty disorderly persons offenses, and an ordinance violation. N.J.S.A. 2C:52-2 prohibits expungement of a criminal conviction if a petitioner has ... of disqualifying adult convictions for purposes of determining, pursuant to N.J.S.A. 2C:52-2, whether a petitioner had prior or subsequent convictions. The State ... two or more disorderly persons or petty disorderly persons offenses. N.J.S.A. 2C:52-2. In addition, a person may qualify for the early "pathway ...

docket:	a3709-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-16
status:	unpublished
citation:
Document Size:	18481

29 IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF A.T. -- rank: 593

... is persuasive.1 The plain language of the expungement statute, N.J.S.A. 2C:52-2(b), precludes expungement of a conviction under N.J.S ... COURT AND THE PROSECUTOR'S OFFICE, THE 2016 AMENDMENT TO N.J.S.A. 2C:52-2 DID NOT CHANGE THE PRIOR LAW, WHICH WAS THAT A ... items depicting the sexual exploitation or abuse of a child) . . . . [ N.J.S.A. 2C:52-2(b) (emphasis added).] Petitioner's conviction under N.J.S ... which would impair or debauch the morals of the child)[.] [ N.J.S.A. 2C:52-2(b) (1994).] It did not include reference to 'other harms ... Super. 307, 312-13 (App. Div. 2004). W.S. concerned N.J.S.A. 2C:52-2(b)'s list of non-expungable offenses, specifically a conviction ...

docket:	a0509-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-08
status:	Unpublished
citation:
Document Size:	19127

30 IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF P.H. PURSUANT TO N.J.S.A. 2C:52-1 to -32 July 17, 2014 -- rank: 593

... requirements for expungement relief, the statute differentiates between indictable offenses [ N.J.S.A. 2C:52-2] and disorderly persons offenses [ N.J.S.A. 2C:52 ... P.A.F. , supra , 176 N.J. at 223 (quoting N.J.S.A. 2C:52-2(a)), the Court has instructed "it is not the general ...

docket:	a1345-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:	436 N.J.Super. 427 94 A.3d 914
Document Size:	41775