Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF K.M.G. -- rank: 1000

... A. 2C:52-2; disorderly and petty disorderly persons offenses, N.J.S.A. 2C:52-3; local ordinances, N.J.S.A. 2C:52-4; and ... persons offenses impacted expungement eligibility under an earlier version of N.J.S.A. 2C:52-3, which then provided: Any person convicted of a disorderly persons ... pertaining thereto be expunged. [Id. at 170 (emphasis added) (quoting N.J.S.A. 2C:52- 3 (1981)).] The issue centered on the qualifier phrase, 'whether within ... or petty disorderly persons offenses.' Id. at 170-71 (quoting N.J.S.A. 2C:52-3 (1981)). We concluded '[i]t would be manifestly inconsistent with ... three such offenses in New Jersey.' Id. at 172 (quoting N.J.S.A. 2C:52-3 (1981)). We also rejected the notion that 'a literal reading' of N.J.S.A. 2C:52-3 supported such a result, reasoning that the statute barred ' ...

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

2 In the Matter of the Expungement Petition of J.S. -- rank: 974

... the Court applied a different provision of the expungement law, N.J.S.A. 2C:52-3, to a defendant with multiple disorderly persons offenses. In comparing ... because A.N.J. involved disorderly persons offenses addressed by N.J.S.A. 2C:52-3, rather than a conviction arising from multiple indictable offenses committed ... another three disorderly persons or petty disorderly persons offenses[.]” N.J.S.A. 2C:52-3. Thus, when the Legislature has decided to allow expungement notwithstanding ...

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 STATE OF NEW JERSEY v. R. O.-S. -- rank: 963

... citing ineligibility under N.J.S.A. 2C:52-2, N.J.S.A. 2C:52-3 and N.J.S.A. 2C:52-4. On July ... 2C:52-2, disorderly and petty disorderly persons offenses under N.J.S.A. 2C:52-3, local ordinances under N.J.S.A. 2C:52-4 ...

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

4 In the Matter of the Expungement Petition of D.H. -- rank: 903

... and all records and information pertaining thereto be expunged.” N.J.S.A. 2C:52-3. As part of that application, the former public official also ... has the burden of establishing compliance with the provisions of N.J.S.A. 2C:52-3.” (citing In re G.R. , 395 N.J. Super ... N.J.S.A. 2C:52-2 (indictable offenses), with N.J.S.A. 2C:52-3 (disorderly persons offenses). In respect of the latter, the expungement ... conviction and all records and information pertaining thereto be expunged. [ N.J.S.A. 2C:52-3.] In general, to support a petition for expungement, “[a ... of 5 years from the date of [her] conviction[,]” N.J.S.A. 2C:52-3; and her petition for expungement satisfied all of the statutory ... for the lifting of the collateral consequence of forfeiture. See N.J.S.A. 2C:52-3. For those reasons, I respectfully dissent. SUPREME COURT OF ...

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

5 In the Matter of the Expungement Application of D.J.B. -- rank: 877

... a crime if committed by an adult; (2) Pursuant to [ N.J.S.A. ] 2C:52-3, if the act committed by the juvenile would have constituted ...

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

6 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: 851

... 21. The court ordered the adult conviction expunged pursuant to N.J.S.A. 2C:52-3, and the arrest expunged pursuant to N.J.S.A ... the petitioner was "convicted of any prior or subsequent crime," N.J.S.A. 2C:52-3, the court obviously did not deem W.J.A.'s ... records under N.J.S.A. 2C:52-2 (crimes), N.J.S.A. 2C:52-3 (disorderly and petty disorderly persons offenses), and N.J.S ...

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

7 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: 753

... A. 2C:52-2, disorderly persons, petty disorderly persons offenses, N.J.S.A. 2C:52-3, and ordinance violations, N.J.S.A. 2C:52-4 ...

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

8 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: 722

... J.S.A. 2C:52-2] and disorderly persons offenses [ N.J.S.A. 2C:52-3]," D.H. , supra , 204 N.J. at 17, as well ... DP offense, the criminal records would be subject to expungement. N.J.S.A. 2C:52-3. However, because P.H. rejected the State's allegation the ...

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

9 IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF K.E.B. -- rank: 722

... was subsequently convicted of criminal coercion in 2003. Pursuant to N.J.S.A. 2C:52-3(a), disorderly persons offenses and petty disorderly persons offenses, [a ...

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

10 STATE OF NEW JERSEY v. D.L.C. -- rank: 709

... as many as three prior convictions for disorderly persons offenses. N.J.S.A. 2C:52-3. Applying our reading of the statute in J.B. , supra ...

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

11 IN THE MATTER OF THE APPLICATION OF J.C. -- rank: 696

... June 1993 arrest could be eligible for expungement pursuant to N.J.S.A. 2C:52-3 or -4, and he determined appellant had made a "comprehensive ... those offenses -- the arrest was eligible for expungement pursuant to N.J.S.A. 2C:52-3, which provides as follows: Any person convicted of a disorderly ... conviction and all records and information pertaining thereto be expunged. [ N.J.S.A. 2C:52-3 (emphasis added).] Because more than five years have passed from ...

docket:	a4627-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-28
status:	unpublished
citation:
Document Size:	17413

12 STATE OF NEW JERSEY VS EMILIO BLAZANIN -- rank: 685

... persons offense and intended that they be treated differently. See N.J.S.A. 2C:52-3. Title 2C defines the difference between a crime and a ... convicted of two indictable offenses may not seek relief thereunder. N.J.S.A. 2C:52-3 a petitioner need only wait five years before filing a ... Law Division Judge here simply disregarded the plain language of N.J.S.A. 2C:52-3 which prohibits expungement of a disorderly persons offense where the ... 124 N.J. Super. 240 (Law Div. 1973); see also N.J.S.A. 2C:52-3, such cannot be corrected or remedied by ignoring the peremptory ...

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

13 IN THE MATTER OF EXPUNGEMENT OF RECORDS OF R.N. -- rank: 670

... has been convicted of any prior or subsequent crimes. Similarly, N.J.S.A. 2C:52-3 prohibits expungement of disorderly persons offenses if a person has ...

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

14 IN THE MATTER OF THE EXPUNGEMENT OF KEITH J. MULLUSKY -- rank: 636

... a petition for expungement of the above convictions pursuant to N.J.S.A. 2C:52-3. Petitioner took the position that he should only be considered ... which limits expungement to the one-time "criminal" offender and N.J.S.A. 2C:52-3, which bars expungement of disorderly persons offenses only for those ... determining the applicability of the numerical bar to relief under N.J.S.A. 2C:52-3. In Ochoa , the petitioner had three disorderly/petty disorderly offenses ... subsequent crime"). The reasoning of Ross is equally applicable to N.J.S.A. 2C:52-3, as is evident from the Legislature's use of the ... petitioner's eligibility to seek and obtain an expungement under N.J.S.A. 2C:52-3 froze on the entry of his third harassment conviction on ... 52-2, disorderly persons offenses and petty disorderly persons offenses, N.J.S.A. 2C:52-3, and ordinances, N.J.S.A. 2C:52-3, ...

docket:	a0092-08
court:	NJ Superior Court Appellate Division
decided:	2009-07-14
status:	unpublished
citation:
Document Size:	37442

15 IN THE MATTER OF THE APPLICATION OF M.G. FOR THE EXPUNGEMENT OF RECORDS -- rank: 636

... 52-2, disorderly persons offenses and petty disorderly persons offenses, N.J.S.A. 2C:52-3, and ordinances, N.J.S.A. 2C:52-4. N ...

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