Search Rutgers Law Library N.J. Court Opinions

1 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.P. -- rank: 1000

... from the Monmouth County Prosecutor's Office (MCPO) pursuant to N.J.S.A. 2C:52-19 in a Title 9 litigation concerning the alleged abuse and ... use; (2) granting the Division's motion by relying upon N.J.S.A. 2C:52-19; and (3) functioning 1 We use initials and pseudonyms to ... the Division was permitted to use the expunged records because N.J.S.A. 2C:52-19 allows the release and use of expunged records in these ... during the fact-finding. On May 13, 2022, relying on N.J.S.A. 2C:52-19, the Division filed a motion requesting permission to use the ... circumstances, records that have been expunged may be considered. See N.J.S.A. 2C:52-19 ('Inspection of the files and records, or release of the ... to use the expunged records based on its interpretation of N.J.S.A. 2C:52-19. Issues raised regarding the interpretation of statutes are questions ...

docket:	a3514-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-04
status:	Published
citation:
Document Size:	51000

2 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 735

... circumstances, records that have been expunged may be considered. See N.J.S.A. 2C:52-19 ('Inspection of the files and records, or release of the ...

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

3 G.D. v. Bernard Kenny and The Hudson County Democratic Organization, Inc. -- rank: 712

... this general rule, and perhaps the most pertinent here, is N.J.S.A. 2C:52-19. If truth is a defense to a defamation action based ... exception to the expungement statute’s cloak of confidentiality is N.J.S.A. 2C:52-19. That section permits the inspection of expunged records if the ... to satisfy discovery obligations in a civil suit.” (citing N.J.S.A. 2C:52-19)). B. To support his position that expunged records should not ... was expunged. The current version of the expungement statute, particularly N.J.S.A. 2C:52-19, which seemingly would permit access to expunged information in a ...

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

4 Y.H. and K.W.C. -- rank: 683

... good cause shown and compelling need based on specific facts.' N.J.S.A. 2C:52-19. The Underlying Incident. The relevant facts are undisputed. The parties ... good cause shown and compelling need based on specific facts.' N.J.S.A. 2C:52-19.4 Here, there is no way plaintiffs can prove 4 ... C.'s expunged conviction. They have demonstrated a compelling need. N.J.S.A. 2C:52-19 continues: 'Leave to inspect shall be granted by the court ... erased by the pardon.' Ibid. (citations omitted). Therefore, we read N.J.S.A. 2C:52-19 to prevent the evidence of an expunged record to be ... they knew of it at all. We do not read N.J.S.A. 2C:52-19 to give instant cover to third parties without further examination ...

docket:	a1966-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-16
status:	Published
citation:
Document Size:	33918

5 IN THE MATTER OF B.T.L -- rank: 680

... arrest and charge for purposes of the FERPO hearing. See N.J.S.A. 2C:52-19 (permitting the inspection of the files and records relating to ...

docket:	a4327-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-02
status:	Unpublished
citation:
Document Size:	22109

6 JOHN PAFF v. BOROUGH OF GIBBSBORO ANNE D LEVY in her official capacity as Gibbsboro Borough Clerk and Records Custodian TOWNSHIP OF VOORHEES, JEANETTE SCHELBERG in her official capacity as Voorhees Township Clerk and Records Custodian, RICHARD TAYLOR -- rank: 638

... even if the expungement statute applies, release is authorized by N.J.S.A. 2C:52-19 because the documents pertain to his pending OPRA litigation. Finally ... proceedings.'" G.D. , supra , 205 N.J. at 296 (quoting N.J.S.A. 2C:52-19). We are unpersuaded. We need not reach the issue whether ... in view of the other disclosures already made. Plaintiff misconstrues N.J.S.A. 2C:52-19. The section allows disclosure only if "the subject matter of ...

docket:	a3300-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-06-17
status:	Published
citation:
Document Size:	49532

7 STATE OF NEW JERSEY v. CELSO G. LOPEZ -- rank: 594

... court declined to vacate the expungement but instead, relying on N.J.S.A. 2C:52-19, granted defendant access to the expunged records and allowed him ... None of these enumerated exceptions apply here. Pertinent, however, is N.J.S.A. 2C:52-19, which provides: Inspection of the files and records, or release ... sentencing on a subsequent offense after guilt has been established. [ N.J.S.A. 2C:52-19 (emphasis added).] In granting defendant access to and inspection of ... the records underlying his criminal conviction, the court relied on N.J.S.A. 2C:52-19 and found that these records are the object of a ...

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

8 TEAMSTERS LOCAL UNION NO. 177 v. UNITED PARCEL SERVICE, INC. -- rank: 562

... its possession at the time of discharge would be admissible. N.J.S.A. 2C:52-19 provides: Inspection of the files and records, or release of ... the records of arrest . . . is the object of the litigation," N.J.S.A. 2C:52-19, but we do not consider that issue because, as a ...

docket:	a5814-06
court:	njappellate
decided:	2008-04-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	41090

9 STATE OF NEW JERSEY v. DONALD F. BURKE, SR -- rank: 554

... doing, the Law Division judge analyzed defendant's request under N.J.S.A. 2C:52-19, which permits the inspection of expunged records, and reasoned that ... based on the June 24, 2020 expungement order. Pursuant to N.J.S.A. 2C:52-19, '[i]nspection of the files and records . . . which are the ...

docket:	a0503-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-19
status:	Unpublished
citation:
Document Size:	34982

10 STATE OF NEW JERSEY v. J.M. -- rank: 526

... that the record could be reviewed in camera pursuant to N.J.S.A. 2C:52-19 to determine whether an appeal to the Law Division was ...

docket:	a2984-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-17
status:	Unpublished
citation:
Document Size:	36120

11 G.D. v. BERNARD KENNY -- rank: 465

... can, nonetheless, be used in certain contexts. See , e.g. , N.J.S.A. 2C:52-19 (certain uses of expunged records allowed by court order); N ...

docket:	a3005-08
court:	superior court appellate division
decided:	2009-12-21
status:	published
citation:	411 N.J. Super. 176 984 A.2d 921
Document Size:	80921

12 IN THE MATTER OF N.R. FOR REVOCATION OF FIREARMS PURCHASER IDENTIFICATION CARD AND FORFEITURE OF WEAPONS -- rank: 460

... 2C:52-18 (supplying information to violent crimes compensation board); N.J.S.A. 2C:52-19 (order of superior court permitting inspection of records or release ...

docket:	a5087-08
court:	superior court appellate division
decided:	2010-05-14
status:	unpublished
citation:
Document Size:	26366

13 IN THE MATTER OF APPEAL OF DENIAL OF PERMIT TO PURCHASE A HANDGUN BY MICHAEL GUNTHER v. -- rank: 460

... the State's application. The judge construed the expungement statute, N.J.S.A. 2C:52-19, which permits leave to inspect expunged records upon a showing ... April 5, 2006, the trial judge concluded that pursuant to N.J.S.A. 2C:52-19 (emphasis added).] We agree with the trial judge that the ...

docket:	a4657-05
court:	njappellate
decided:	2007-09-19
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	40261

14 STATE OF NEW JERSEY v. J.R.S. -- rank: 429

... N.J.S.A. 2C:52-17 to 23, 27c). N.J.S.A. 2C:52-19 specifically provides that: Inspection of the files and records, or ... these discovery provisions. In fact, even before the adoption of N.J.S.A. 2C:52-19, we held that "[t]he remedy of expungement was never ...

docket:	a3453-06
court:	njappellate
decided:	2008-01-22
status:	published
citation:	398 N.J.Super. 1
Document Size:	23727

15 IN THE MATTER OF THE APPEAL OF THE DENIAL OF F.E.'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD -- rank: 387

... or conviction is the object of litigation or judicial proceedings. . . . [ N.J.S.A. 2C:52-19 (emphasis added).] The statute setting forth the effect of expungement ...

docket:	a4380-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-13
status:	Unpublished
citation:
Document Size:	26422