Search Rutgers Law Library N.J. Court Opinions

31 IN THE MATTER OF THE APPLICATION FOR EXPUNGEMENT OF THE CRIMINAL RECORDS OFC.C. -- rank: 567

... years had passed since the date the sentence was completed. N.J.S.A. 2C:52-2(a). In 2010, however, the Legislature amended this statute to ... In re Kollman , 210 N.J. 557, 570-71 (2012). N.J.S.A. 2C:52-2(a)(2) provides that a court may now grant expungement ... conviction in the determination of his eligibility for expungement under N.J.S.A. 2C:52-2(a)(2). We disagree. Petitioner was convicted of violating 18 ... his New Jersey conviction under the "early pathway" provisions of N.J.S.A. 2C:52-2(a)(2) and his petition was therefore correctly denied. 1 ... 1 Because a petitioner must meet all three requirements of N.J.S.A. 2C:52-2(a)(2), and because petitioner did not meet the requirement ...

docket:	a0718-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-05
status:	unpublished
citation:
Document Size:	18182

32 IN THE MATTER OF THE EXPUNGEMENT PETITION OF D.P -- rank: 565

... convictions, except for those specifically listed as non-expungable in N.J.S.A. 2C:52-2. 1 Conspiracy pursuant to N.J.S.A. 2C:5 ... v. Munafo , 222 N.J. 480 , 488 (2015) (citations omitted). N.J.S.A. 2C:52-2(a) provides that expungement is available to all persons convicted ... which are subject to a bar against expungement pursuant to N.J.S.A. 2C:52-2(c)(3)). The State asserts that, because the CDS bar ...

docket:	a3828-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-03
status:	unpublished
citation:
Document Size:	23226

33 IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF K.E.B. -- rank: 561

... Jersey Supreme Court's interpretation of "prior or subsequent crime," N.J.S.A. 2C:52-2, is helpful to our analysis of the applicability of N ... present an expungement application to the Superior Court pursuant to [ N.J.S.A ] 2C:52-2. Moreover, N.J.S.A. 2C:52-14(e) states ...

docket:	a5160-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-20
status:	unpublished
citation:
Document Size:	31050

34 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF A.W. -- rank: 559

... interest for the [e]xpungement to be granted. Please see N.J.S.A. 2C:52-2, . . . 2C:52-4, . . . [and] 2C:52-32. On May 15 ... it. Rather, the State objected to the petition based on N.J.S.A. 2C:52-2 (regarding indictable offenses), N.J.S.A. 2C:52-4 ...

docket:	a5356-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-28
status:	unpublished
citation:
Document Size:	18869

35 STATE OF NEW JERSEY v. CELSO G. LOPEZ -- rank: 555

... and conviction by order of January 16, 2007, pursuant to N.J.S.A. 2C:52-2. Thereafter, around July 2009, in an attempt to regularize his ...

docket:	a3602-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-02
status:	unpublished
citation:
Document Size:	24448

36 IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF D.J.B -- rank: 545

... MISUNDERSTOOD IN THE FACTS THAT [PETITIONER] MEETS EVERY REQUIREMENT OF [ N.J.S.A. ] 2C:52-2 INDICTABLE OFFENSES WHICH INDICATES THAT HIS SOLE CRIME OF RECEIVING ... S ARGUMENT [IS] INCORRECT DUE TO THEIR SPECIFIC MISUNDERSTANDING OF N.J.S.A. 2C:52-2 AND N.J.S.A. 2C:52-4.1, AND ... IS [IN] THE INTEREST OF JUSTICE. AS MENTIONED IN SECTION N.J.S.A. 2C:52-2, "THE COURT CAN FIND IN ITS DISCRETION THAT EXPUNGEMENT IS ... does not expressly appear as a bar to expungement in N.J.S.A. 2C:52-2, the phrase is made applicable to that section through N ... crime if committed by an adult are properly petitioned under N.J.S.A. 2C:52-2, disorderly or petty disorderly persons offenses under N.J.S ...

docket:	a0658-11
court:	NJ Superior Court Appellate Division
decided:	2012-05-17
status:	unpublished
citation:
Document Size:	15112

37 STATE OF NEW JERSEY v. M.L. -- rank: 545

... crimes, which were precluded from expungement under the applicable statute, N.J.S.A. 2C:52-2(a). Furthermore, because defendant was not entitled to expungement of ... J. Super. 117 , 119 (App. Div. 2008) in relation to N.J.S.A. 2C:52-2 is not exclusive of the application of In re Application ... 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 ... 1979 and enactment of the expungement statutes for indictable offenses, N.J.S.A. 2C:52-2, provided in pertinent part: In all cases wherein a criminal ...

docket:	a4941-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-06
status:	unpublished
citation:
Document Size:	18114

38 John Cicchetti v. Morris County Sheriff’s Office -- rank: 545

... crime involved or touched such office, position or employment.ā€¯ N.J.S.A. 2C:52-2(b). Because this prohibition was added to the statute in ...

docket:	a-102-06
court:
decided:	2008-05-28
status:
citation:	194 N.J. 563
Document Size:	124754

39 IN THE MATTER OF THE APPLICATION OF M.G. FOR THE EXPUNGEMENT OF RECORDS -- rank: 541

... 117, 122 (App. Div. 2008), and concluding the applicable statute, N.J.S.A. 2C:52-2(a), "preclude[s] expungement of a crime committed on a ... of] such conviction and all records and information pertaining thereto . . . . [ N.J.S.A. 2C:52-2(a) (emphasis added).] We reasoned that "when the Legislature enacted N.J.S.A. 2C:52-2, it deliberately chose to alter the more expansive view of ... hold otherwise. Accordingly, we are satisfied Judge Ciuffani correctly applied N.J.S.A. 2C:52-2(a) and determined defendant was not entitled to expungement relief ... l979 and enactment of the expungement statutes for indictable offenses, N.J.S.A. 2C:52-2, disorderly persons offenses and petty disorderly persons offenses, N.J ...

docket:	a1657-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-01
status:	unpublished
citation:
Document Size:	13649

40 IN THE MATTER EXPUNGEMENT PETITION OF ROBERT ROSS -- rank: 539

... In denying expungement, the judge relied on a portion of N.J.S.A. 2C:52-2 that permits expungement of an indictable conviction only if the ... to expunge the false swearing conviction because the applicable statute, N.J.S.A. 2C:52-2. The fact that the Legislature used the language "prior or ... II. We begin our analysis by reviewing the statutory language. N.J.S.A. 2C:52-2 set forth specific crimes that cannot be expunged. Bribing a ... A. 2A:164-28 is compared to the language of N.J.S.A. 2C:52-2, it is evident that the Legislature deliberately chose to narrow the eligibility for expungement by enacting N.J.S.A. 2C:52-2. Under N.J.S.A. 2A:164-28, a person ... subsequent crime." We are satisfied that when the Legislature enacted N.J.S.A. 2C:52-2, it intended to preclude expungement of a crime committed ...

docket:	A0990-07
court:	NJ Superior Court Appellate Division
decided:	2008-05-06
status:	published
citation:
Document Size:	39177

41 IN RE RONALD C KOLLMAN, JR PETITION FOR EXPUNGEMENT -- rank: 535

... PETITIONER HAS MET THE BASIC CRITERIA FOR EXPUNGEMENT PURSUANT TO N.J.S.A. 2C:52-2 FOR A CONVICTION UNDER N.J.S.A. 2C:35 ... 8, 2010 written opinion. We add the following brief comments. N.J.S.A. 2C:52-2(a) was amended, effective March 13, 2010, to provide: Notwithstanding the provisions of [ N.J.S.A. 2C:52-2(a),] the preceding paragraph, a petition may be filed and ... to the petitioner in light of the recent amendment to N.J.S.A. 2C:52-2. During oral argument, Judge DeLury acknowledged that petitioner satisfied the ... incurred any other petty or greater offenses in that time." N.J.S.A. 2C:52-2(a)(2). Therefore, the sole issue for resolution was whether ...

docket:	a5079-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-09
status:	unpublished
citation:
Document Size:	22859

42 STATE OF NEW JERSEY VS EMILIO BLAZANIN -- rank: 533

... a petition for expungement of a disorderly persons offense, while N.J.S.A. 2C:52-2 requires a petitioner to wait ten years before seeking expungement ... related to the disposition of the underlying criminal prosecution. Indeed, N.J.S.A. 2C:52-2 and 2C:52-3 state that the petitioner must wait ...

docket:	a6563-95
court:	njappellate
decided:	1997-02-28
status:	published
citation:	298 N.J.Super. 221
Document Size:	19301

43 /usr/local/share/www/libweb/collections/courts/trial/trial_court_squibs.opn.html -- rank: 529

... against expungements of domestic violence convictions. The Petitioner argues that N.J.S.A. 2C:52-2 does not prohibit the expungement of convictions which involve domestic ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	76360

44 IN THE MATTER OF APPLICATION FOR EXPUNGEMENT OF THE CRIMINAL RECORD OF P.M. -- rank: 525

... added).] In Ross , we reasoned that "when the Legislature enacted N.J.S.A. 2C:52-2, it deliberately chose to alter the more expansive view of ... 1979 and enactment of the expungement statutes for indictable offenses, N.J.S.A. 2C:52-2, disorderly persons offenses, N.J.S.A. 2C:52-3 ...

docket:	a3193-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-14
status:	unpublished
citation:
Document Size:	16202

45 IN THE MATTER OF THE EXPUNGEMENT OF MICHAEL JACOBY -- rank: 519

... filed. I Ex Post Facto The current law regarding expungement, N.J.S.A. 2C:52-2, provides, in pertinent part: a. In all cases, except as ... cannot prevail. II Due Process Jacoby argues that retroactively applying N.J.S.A. 2C:52-2 to his case, thereby barring the expungement of his convictions ... after the date his probation ended, which was well-after N.J.S.A. 2C:52-2 took effect in 1979. Nonetheless, under the reasoning of T ... we, therefore, have no reason to address it. Affirmed. Both N.J.S.A. 2C:52-2 and N.J.S.A. 2A:164-24, the statute ... been eligible for an expungement until October of 1980, after N.J.S.A. 2C:52-2 had taken effect. (continued) (continued) 18 A-0664-04T1 December ...

docket:	A0664-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-09
status:	unpublished
citation:
Document Size:	56297