Search Rutgers Law Library N.J. Court Opinions

1 In the Matter of the Expungement Application of D.J.B. -- rank: 1000

... been convicted of a prior or subsequent crime; and (2) N.J.S.A. 2C:52-4.1(a), which allows a juvenile adjudication to be expunged ... denied the petition, finding that “[t]he combination of N.J.S.A. 2C:52-4.1(a) and N.J.S.A. 2C:52-2 ... 244 (2013). HELD : Based on its language and legislative history, N.J.S.A. 2C:52-4.1(a) applies only to the expungement of juvenile adjudications ... considered “prior crimes” pursuant to the last sentence of N.J.S.A. 2C:52-4.1(a), which governs the expungement of juvenile adjudications. The last sentence of N.J.S.A. 2C:52-4.1(a) provides: “For purposes of expungement, any act ... 1(a) would render parts of the same statute surplusage. N.J.S.A. 2C:52-4.1(b) allows a person to have his delinquency ...

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

2 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: 949

... expungement of juvenile adjudications. L. 1980, c. 163, codified at N.J.S.A. 2C:52-4.1. J.B. appeals from the trial court's denial ... court denied it. The court relied on its interpretation of N.J.S.A. 2C:52-4.1(a), which states in an unnumbered paragraph, "For purposes ... court also denied expungement of the juvenile adjudications based on N.J.S.A. 2C:52-4.1(a)(1), which states that N.J.S.A ... petitioner's juvenile adjudications were not subject to expungement under N.J.S.A. 2C:52-4.1(a), N.J.S.A. 2C:52-4.1(b) provided an alternative basis for expunging petitioner's ... adult. [ L. 1980, c. 163, § 1(a), codified at N.J.S.A. 2C:52-4.1(a).] Second, mirroring the statute governing sealing, but ...

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

3 IN THE MATTER OF THE EXPUNGEMENT OF THE ARREST/CHARGE RECORDS OF T.B. -- rank: 881

... specified in N.J.S.[A.] 2C:52-2 through" N.J.S.A. 2C:52-4.1 are inapplicable. Ibid. II. The State contends that since ...

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

4 IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF K.M.G. -- rank: 821

... offenses, N.J.S.A. 2C:52-3; local ordinances, N.J.S.A. 2C:52-4; and juvenile matters, N.J.S.A. 2C:52-4.1. In 2019, our Legislature reformed the expungement system, in ...

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

5 IN THE MATTER OF EXPUNGEMENT OF RECORDS OF R.N. -- rank: 806

... of delinquency and his adult third-degree criminal conviction under N.J.S.A. 2C:52-4.1 and N.J.S.A. 2C:52-2. We ... on N.J.S.A. 2C:52-2c(3) and N.J.S.A. 2C:52-4.1b, found that petitioner met all the requirements of the ... was ordered expunged. The State appealed, arguing that, pursuant to N.J.S.A. 2C:52-4.1a, petitioner's record of five juvenile adjudications of delinquency ... been expunged. 1 The State relies on its interpretation of N.J.S.A. 2C:52-4.1a, which states in pertinent part, "[f]or purposes of ... expunged because he has five adjudications of delinquency that under N.J.S.A. 2C:52-4.1a constitute prior or subsequent crimes or offenses. Finding that ... Accordingly, as we have recently concluded, the relevant language of N.J.S.A. 2C:52-4.1(a) "should be construed to apply only to ...

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

6 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: 799

... J. at 17, as well as violations of municipal ordinances, N.J.S.A. 2C:52-4. 7 Records of civil violations are ineligible for expungement. N ... b). 7 The statute also addresses expungement of juvenile adjudications, N.J.S.A. 2C:52-4.1, and young drug offenders, N.J.S.A. 2C ...

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

7 STATE OF NEW JERSEY v. R. O.-S. -- rank: 731

... 52-2, N.J.S.A. 2C:52-3 and N.J.S.A. 2C:52-4. On July 16, 2021, the State withdrew the objection after ... ineligibility under N.J.S.A. 2C:52- -2 and N.J.S.A. 2C:52-4. On September 10, 2021, the State withdrew the objection after ... N.J.S.A. 2C:52-3, local ordinances under N.J.S.A. 2C:52-4 and juvenile matters under N.J.S.A. 2C:52- 4.1. Each of these statutes has different requirements for who ...

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

8 STATE OF NEW JERSEY v. D.L.C. -- rank: 729

... degree theft, N.J.S.A. 2C:20-3a. Interpreting N.J.S.A. 2C:52-4.1(a), the court held expungement was not permitted because ... prior .�.�. crime." The State relied on the unnumbered paragraph in N.J.S.A. 2C:52-4.1(a), which states, "[f]or the purposes of expungement ... opinion, rejected defendant's argument that the unnumbered paragraph in N.J.S.A. 2C:52-4.1(a) applied only to petitions to expunge juvenile adjudications ... would constitute adult crimes. We analyzed the unnumbered paragraph in N.J.S.A. 2C:52-4.1(a), which was included in the 1980 statute permitting ... J.B. , supra , 426 N.J. Super. at 506 (discussing N.J.S.A. 2C:52-4.1(a)). In view of the legislative history of the ... to apply only to applications to expunge juvenile adjudications under N.J.S.A. 2C:52-4.1(a). The 1980 law was intended to allow ...

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

9 IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF D.J.B -- rank: 661

... MISUNDERSTANDING OF N.J.S.A. 2C:52-2 AND N.J.S.A. 2C:52-4.1, AND HOW THEY RELATE TO EACH OTHER. THE TRIAL ... Law Division and now on appeal is the import of N.J.S.A. 2C:52-4.1. That statute provides that "[f]or purposes of expungement ... 2, the phrase is made applicable to that section through N.J.S.A. 2C:52-4.1. The text of N.J.S.A. 2C:52-4.1 reads, in part, "[f]or purposes of expungement, any ... as if that act had been committed by an adult." N.J.S.A. 2C:52-4.1(a). It is necessary to examine this part of ... J.S.A. 2C:52-3, and ordinance violations under N.J.S.A. 2C:52-4. It is, therefore, apparent that any act which resulted ...

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

10 IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF K.E.B. -- rank: 659

... was inextricably intertwined with the discharging pellets offense, by applying N.J.S.A. 2C:52-4, which permits expungement of an ordinance offense when (1) a ... for expunging the conviction for discharging pellets. The judge applied N.J.S.A. 2C:52-4, which states: In all cases wherein a person has been ...

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

11 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORD OF R.K. -- rank: 640

... RECORDS UNDER N.J.S.A. 2C:52-6 AND N.J.S.A. 2C:52-4. B. THE STATE FAILED TO SHOW A NEED FOR THE ... now concedes Point II and agrees that, in accordance with N.J.S.A. 2C:52-4 and -6, petitioner is entitled to expungement of the records ...

docket:	a4829-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-28
status:	unpublished
citation:
Document Size:	24240

12 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF A.W. -- rank: 637

... N.J.S.A. 2C:52-2 (regarding indictable offenses), N.J.S.A. 2C:52-4 (regarding convictions for violations of municipal ordinances), and N.J ...

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

13 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: 637

... N.J.S.A. 2C:52-3, and ordinance violations, N.J.S.A. 2C:52-4, and persons who were arrested but not convicted. N.J ...

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

14 IN THE MATTER OF APPLICATION FOR EXPUNGEMENT OF THE CRIMINAL RECORD OF P.M. -- rank: 589

... offenses, N.J.S.A. 2C:52-3, and ordinances, N.J.S.A. 2C:52-4. 2 In 2010, the Legislature amended this statute to permit ...

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

15 IN THE MATTER OF THE EXPUNGEMENT OF KEITH J. MULLUSKY -- rank: 473

... violation that he concedes is not subject to expungement. See N.J.S.A. 2C:52-4 (precluding expungement of a borough ordinance conviction by a person ...

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