Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF THE EXPUNGEMENT OF THE ARREST/CHARGE RECORDS OF T.B. -- rank: 1000

... expungement statute" — must make a "public interest" showing as N.J.S.A. 2C:52-2(c)(3) requires for the expungement of certain third- and ... 14(m)(2) clearly imports the public interest requirement under N.J.S.A. 2C:52-2(c)(3). We therefore vacate orders expunging the criminal records ... between N.J.S.A. 2C:35-14(m) and N.J.S.A. 2C:52-2(c)(3), we review those key statutory provisions before considering ... barred from expungement pursuant to subsection b. or c. of N.J.S.[A.] 2C:52-2." N.J.S.A. 2C:35-14(m)(2). Subsection ... crimes that absolutely bar a person from regular expungement under N.J.S.A. 2C:52-2 and, therefore, from any Drug Court expungement under N.J.S.A. 2C:35-14(m). N.J.S.A. 2C:52-2(b). These include, for example, kidnapping, murder, manslaughter, and ...

docket:	a1516-16
court:	NJ Superior Court Appellate Division
decided:	2017-08-01
status:	published
citation:	451 N.J.Super. 391 168 A.3d 83
Document Size:	57447

2 In the Matter of the Expungement Petition of J.S. -- rank: 931

... of the Court. In these appeals, the Court determines whether N.J.S.A. 2C:52-2(a), which permits the expungement of a conviction for certain ... statute and rejected the “one-night spree” concept. Under N.J.S.A. 2C:52-2(a), the panel concluded that J.S.’s two ... conspiracy linked the charges together as one “crime” under N.J.S.A. 2C:52-2(a). In a published opinion, the Appellate Division reversed. In ... 219 N.J. 630 (2014). HELD: The plain language of N.J.S.A. 2C:52-2(a) precludes expungement of convictions when the petitioner has been ... the language identifying the requirements for expungement when by enacting N.J.S.A. 2C:52-2. Instead of the former requirement that “no subsequent conviction ... “been convicted of any prior or subsequent crime,” N.J.S.A. 2C:52-2(a). (pp. 12-17) 2. Since the enactment of ...

docket:	A-84-13
court:	NJ Supreme Court
decided:	2015-08-10
status:
citation:	223 N.J. 54 121 A.3d 322
Document Size:	135211

3 In the Matter of the Expungement of the Arrest/Charge Records of T.B. -- rank: 884

... sale offense must satisfy the public-interest standard required by N.J.S.A. 2C:52-2(c)(3) when they seek expungement under the 2016 drug ... conviction.” Kollman, 210 N.J. at 570-71 (quoting N.J.S.A. 2C:52-2(a)(2) (2010)). Some crimes are not eligible for expungement ... finds that expungement is consistent with the public interest.” N.J.S.A. 2C:52-2(c)(3) (emphasis added). To make the finding under either ... “the [individual’s] character and conduct since conviction.” N.J.S.A. 2C:52-2(a)(2), -2(c)(3). Section 2(c)(3) lies ... barred from expungement pursuant to subsection b. or c. of N.J.S.A. 2C:52-2. Id. § 35-14(m)(2) (emphases added). (pp. 8 ... aggravated sexual assault, robbery, and the other crimes listed in N.J.S.A. 2C:52-2(b) are barred. The same is true for first- ...

docket:	a-18-17
court:	New Jersey Supreme Court
decided:	2019-01-08
status:
citation:
Document Size:	55260

4 /usr/local/share/www/libweb/collections/courts/supreme/a-18-19-20-17.opn.html -- rank: 884

... sale offense must satisfy the public-interest standard required by N.J.S.A. 2C:52-2(c)(3) when they seek expungement under the 2016 drug ... conviction.” Kollman, 210 N.J. at 570-71 (quoting N.J.S.A. 2C:52-2(a)(2) (2010)). Some crimes are not eligible for expungement ... finds that expungement is consistent with the public interest.” N.J.S.A. 2C:52-2(c)(3) (emphasis added). To make the finding under either ... “the [individual’s] character and conduct since conviction.” N.J.S.A. 2C:52-2(a)(2), -2(c)(3). Section 2(c)(3) lies ... barred from expungement pursuant to subsection b. or c. of N.J.S.A. 2C:52-2. Id. § 35-14(m)(2) (emphases added). (pp. 8 ... aggravated sexual assault, robbery, and the other crimes listed in N.J.S.A. 2C:52-2(b) are barred. The same is true for first- ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	54995

5 INTHE MATTER OF THE APPLICATION FOR THE EXPUNGEMENT OF THE CRIMINAL RECORD BELONGING TO J.W -- rank: 804

... We conclude that the 2016 amendment to the expungement statute, N.J.S.A. 2C:52-2(b), prohibits expungement of J.W.'s conviction. Accordingly, we ... the third degree. [(Emphasis added.)] In 2016, the Legislature amended N.J.S.A. 2C:52-2(b) to provide as follow: Records of conviction for the ... 2016, J.W. filed a petition for expungement pursuant to N.J.S.A. 2C:52-2(a)(2). The trial court granted the petition, finding the 2016 amendment to N.J.S.A. 2C:52-2(b) did not prohibit expungement for convictions for the nonsexual ... is complete.' Ibid. The Legislature's stated purpose in enacting N.J.S.A. 2C:52- 2 was to provid[e] relief to the reformed offender who ... S.A. 2C:52-32.] 9 A-1730-16T 3 N.J.S.A. 2C:52-2 'serves to 'eliminate 'the collateral consequences imposed upon otherwise ...

docket:	a1730-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-26
status:	unpublished
citation:
Document Size:	72419

6 In the Matter of the Expungement Application of D.J.B. -- rank: 802

... of the expungement law are central to the case: (1) N.J.S.A. 2C:52-2, which allows an adult conviction to be expunged under certain ... N.J.S.A. 2C:52-4.1(a) and N.J.S.A. 2C:52-2 serve to prevent a petitioner with an indictable crime from ... bar a later attempt to expunge an adult conviction under N.J.S.A. 2C:52-2. 1. This case requires the Court to interpret parts of ... his 1996 fourth-degree conviction for receiving stolen property pursuant N.J.S.A. 2C:52-2, which allows an adult conviction to be expunged under certain ... of the expungement law are central to the case: (1) N.J.S.A. 2C:52-2, which allows an adult conviction to be expunged under certain ... N.J.S.A. 2C:52-4.1(a) and N.J.S.A. 2C:52-2 serve to prevent a petitioner with an indictable crime ...

docket:	A-39-12
court:	NJ Supreme Court
decided:	2014-01-16
status:
citation:	216 N.J. 433 83 A.3d 2
Document Size:	76248

7 In re Ronald C. Kollman, Jr., Petition for Expungement -- rank: 797

... that allows certain records to be expunged after ten years. N.J.S.A. 2C:52-2(a). In 2010, the Legislature amended the statute to broaden ... may apply for expungement five years after completing their sentence. N.J.S.A. 2C:52-2(a)(2). To decide whether expungement is in the � ... argues that he met the criteria for expungement outlined in N.J.S.A. 2C:52-2(a)(2) and (c)(3), and that the trial court ... expungement was presumptively available for certain offenses after ten years. N.J.S.A. 2C:52-2(a) stated that [i]n all cases, except as herein ... child, perjury, and other serious offenses could not be expunged. N.J.S.A. 2C:52-2(b). Under section 2(c), records of conviction for the ... grams of marijuana or five or less grams of hashish. N.J.S.A. 2C:52-2(c). Petitioners had the burden of establishing the objective ...

docket:	A-126-10
court:	NJ Supreme Court
decided:	2012-07-09
status:
citation:	210 N.J. 557 46 A.3d 1247
Document Size:	99634

8 In the Matter of the Expungement Petition of D.H. -- rank: 797

... or touching the convicted person's public employment.” (citing N.J.S.A. 2C:52-2(b) (emphasis added)). Emphasizing that D.H. “was not ... or touched her public employment, the panel concluded that “ N.J.S.A. 2C:52-2(b) does not bar expungement in this case.” The ... statute differentiates between indictable offenses and disorderly persons offenses. Compare N.J.S.A. 2C:52-2 (indictable offenses), with N.J.S.A. 2C:52-3 ... possessed with intent to sell was five grams or less. [ N.J.S.A. 2C:52-2(b) and (c).] Reduced to its basic elements, that statutory ... has no meaning. Indeed, by precluding expungement for specific crimes, N.J.S.A. 2C:52-2(b) and (c), the Legislature assured forfeiture “forever” because ... conviction by the express language of the third paragraph of N.J.S.A. 2C:52-2[(]b[)].” In re P.A.F. , 176 N. ...

docket:	a-82-09
court:	New Jersey Supreme Court
decided:	2010-10-27
status:
citation:	204 N.J. 7 6 A.3d 421
Document Size:	103187

9 In re Petition for Expungement of the Criminal Record Belonging to T.O. -- rank: 797

... State opposed T.O.’s petition and argued that N.J.S.A. 2C:52-2(a) barred expungement for individuals with multiple convictions. Aside from ... have any prior or subsequent conviction for another crime.” N.J.S.A. 2C:52-2(a) (2018) (emphasis added). The parties do not rely on ... the records. (pp. 24-25) 6. Under the version of N.J.S.A. 2C:52-2(a) in effect when the trial court denied T.O ... the language of the relevant statutory section at the time, N.J.S.A. 2C:52-2(a), did not allow individuals with multiple, separate convictions like ... ’s petition and argued that the expungement statute, specifically N.J.S.A. 2C:52-2(a), barred expungement for individuals with multiple convictions. According to ... offenses, aside from certain situations that did not apply. See N.J.S.A. 2C:52-2(a). D. We granted T.O.’s petition ...

docket:	a-55-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	63348

10 IN THE MATTER OF THE EXPUNGEMENT PETITION OF J.B Before Judges Axelrad,1 Sapp-Peterson and Ostrer On appeal from the Superior Court of New Jersey, Law Division Burlington County, Docket No. EX-87-11 Randolph H. Wolf -- rank: 791

... years have not elapsed since petitioner completed his adult sentence, N.J.S.A. 2C:52-2(a), and he failed to establish that expungement after just five years was "in the public interest," N.J.S.A. 2C:52-2(a)(2), we affirm as to the adult conviction. I ... petitioner's adult conviction could not be expunged pursuant to N.J.S.A. 2C:52-2, which prohibits expungement of a criminal conviction if the petitioner ... A. 2C:52-4.1(a)(1), which states that N.J.S.A. 2C:52-2 shall govern petitions to expunge a juvenile adjudication of an ... would constitute a crime if committed by an adult. Applying N.J.S.A. 2C:52-2, the court concluded that expungement of the juvenile adjudications was ... two or more disorderly persons or petty disorderly persons offenses. N.J.S.A. 2C:52-2. Expungement of a disorderly, or petty disorderly persons offense ...

docket:	a1564-11
court:	NJ Superior Court Appellate Division
decided:	2012-06-21
status:	published
citation:	426 N.J. Super. 496 45 A.3d 1014
Document Size:	41809

11 IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF K.M.G. -- rank: 735

... 6, for a 1988 arrest for forgery,1 and under N.J.S.A. 2C:52-2, for a 1991 conviction for third-degree conspiracy to commit ... have been eligible for ordinary expungement under paragraph three of N.J.S.A. 2C:52-2(a), which provides that a person may present an expungement ... another crime, whether within this State or any other jurisdiction.' N.J.S.A. 2C:52-2(a). Petitioner's Virginia conviction was not for a 'crime ... expungement depends on the record to be expunged: indictable offenses, N.J.S.A. 2C:52-2; disorderly and petty disorderly persons offenses, N.J.S.A ... never been convicted of a more serious crime listed in N.J.S.A. 2C:52-2(b), which are not subject to expungement, e.g., sexual assault, or of certain drug offenses described in N.J.S.A. 2C:52-2(c). N.J.S.A. 2C:52-5.3( ...

docket:	a0363-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-08
status:	Published
citation:
Document Size:	47243

12 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF R.Z. -- rank: 692

... 2C:21-25. The State argues the court erred because N.J.S.A. 2C:52-2(a) precludes expungement if the petitioner has been "convicted of ... that petitioner was convicted of a "prior or subsequent crime," N.J.S.A. 2C:52-2(a), and that pursuant to the statute and Ross , supra ... II. The appeal requires us to consider the meaning of N.J.S.A. 2C:52-2(a), which permits expungement of an indictable conviction only if ... the Legislature intended to narrow eligibility for expungement. Ibid. (comparing N.J.S.A. 2C:52-2 with N.J.S.A. 2A:164-28 (repealed 1978 ... was not committed "prior or subsequent[ly]" to the other. N.J.S.A. 2C:52-2(a). Our burden allocation decision is based on the broad ... section 2C:52-7 . . . praying that such conviction . . . be expunged. [ N.J.S.A. 2C:52-2(a) (emphasis added).] In the usual expungement case involving ...

docket:	a4253-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-28
status:	published
citation:	429 N.J.Super. 295 58 A.3d 1178
Document Size:	39758

13 IN THE MATTER OF THE APPLICATION FOR EXPUNGEMENT OF THE CRIMINAL RECORDS OF MARINO LOBASSO -- rank: 688

... the instant appeal, the new law supplements subsection (a) of N.J.S.A. 2C:52-2, which provides, subject to exceptions, a presumptive entitlement to expungement ... the trial court "improperly heightened the standards set forth in N.J.S.A. 2C:52-2, imposing an extraordinary burden not envisioned by the Legislature in ...

docket:	a3577-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-10
status:	published
citation:	423 N.J. Super. 475 33 A.3d 540
Document Size:	55348

14 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF E.C. -- rank: 686

... fines, is not barred from applying for expungement pursuant to N.J.S.A. 2C:52- 2(a)(2). However, the court may consider her performance while ... pursuant to the 'early pathway' section of the expungement statute, N.J.S.A. 2C:52-2(a)(2),4 seeking to expunge the 2002 arrest and ... 3 We refer to these obligations, collectively, as 'fines.' See N.J.S.A. 2C:52-2(a). 4 This section permits the court to grant expungement ... court finds that expungement would be 'in the public interest.' N.J.S.A. 2C:52-2(a)(2). At the time section (a)(2) was adopted ... of probation,' in addition to payment of any fines. See N.J.S.A. 2C:52-2(a). 4 A-5175-15T4 good character. In summary, E ... term of probation, within the meaning of the expungement statute, N.J.S.A. 2C:52-2, because she had been discharged from probation without improvement. ...

docket:	a5175-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-19
status:	published
citation:	454 N.J.Super. 48 184 A.3d 120
Document Size:	50615

15 STATE OF NEW JERSEY v. N.T. -- rank: 670

... 4(a)(2). Because we conclude that the expungement statute, N.J.S.A. 2C:52-2(b), as amended in 2016, prohibits the expungement of N ... a crime of the third degree. A-1012-18T2 3 N.J.S.A. 2C:52-2(b), the expungement statute in effect at the time of ... crime of the third degree. In 2016, the Legislature amended N.J.S.A. 2C:52-2(b) in pertinent part, stating: Records of conviction for the ... 2C:35-14(m) cross-references the exclusions found in N.J.S.A. 2C:52-2(b), and precludes the expungement of convictions that are barred ... conviction. The motion judge concluded that the plain language of N.J.S.A. 2C:52-2(b) precluded the grant of the petition. On appeal, N ... that the motion judge erred in finding the language of N.J.S.A. 2C:52-2(b) is unambiguous and prevents the expungement of non- ...

docket:	a1012-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-03
status:	Published
citation:
Document Size:	22333