No Expungement After Plea In Money Laundering Scheme

R.Z. sought an expungement of convictions of second-degree theft by deception (N.J.S.A. 2C:20-4) and second-degree money laundering (N.J.S.A. 2C:21-25) to which he entered guilty pleas. In 2012, the trial court granted the expungement and in 2013 the NJ Appellate Division reversed the trial court's decision. The convictions stemmed from ongoing and continuous fraudulent claims to Medicaid from which in excess of $50,000 was received by R.Z.. Pursuant to In re Ross, 400 N.J. Super. 117 (App. Div. 2008), which interpreted New Jersey's expungement statute (N.J.S.A. 2C:52-2(a)), a requirement for expungement of more than one crime is that the crimes be committed concurrently rather than on separate occasions as expungement is not available to those who have committed prior or subsequent crimes. In the Matter of Expungement petition of R.Z. included an effort by petitioner to utilize provisions of a 2010 amendment to the N.J.S.A. 2C:52-2(a) which included a means for early expungement when certain criteria are met including that the public interest warranting an early expungement in certain matters. Pursuant to In re Kollman, 210 N.J. 557 (2012), a petitioner seeking an early expungement must still meet all other requirements of the expungement statute. The NJ Appellate Division affirmed the denial of R.Z.'s petition for expungement. If you have prior crimes haunting you and would like to expunge them from your record, you should consult with an experienced attorney to determine your eligibility prior to filing a petition for expungement. For more information about expungement, theft, drug crimes, disorderly persons offenses, or other criminal matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Expungement Of A Crime Or A Conviction?

Criminal records may be expunged when a petitioner "has been convicted of a crime…and who has not been convicted of any prior or subsequent crime…." N.J.S.A. 2C:52-2(a) G.P.B. was sentenced under a single conviction to a guilty plea of one count of third-degree conspiracy (N.J.S.A. 2C:5-2) and three counts of third-degree making gifts to public servants (N.J.S.A. 2C:27-6(b)). 10 years later, a Warren County trial judge granted the petitioner's expungement based on the "crime-spree" principle of In re Fontana, 146 N.J. Super. 264, 267 (App.Div. 1976) and the more recent case of In re Criminal Records of R.Z., 429 N.J. Super. 295 (App. Div. 2013), wherein a previous expungement statute permitted expungement of crimes committed so closely in proximity as to be considered part of a single event. In the Matter of the Expungement of G.P.B., the State appealed and the New Jersey Appellate Division reversed based on the holding in In re Ross, 400 N.J. Super. 117 (App. Div. 2008) wherein the court found the statutory language of N.J.S.A. 2C:52-2(a) to be clear as to whether expungement may be granted in the event of a single conviction or single crime. "The words 'prior' and 'subsequent' do not modify the word 'conviction' but instead modify the term 'crime'". Ross, supra, 400 N.J. Super. at 122. Notably, the Supreme Court has granted certification in In re Expungement of Petition of J.S. wherein petitioner was denied expungement of drug crimes committed within a five day period. It should be noted that this blog has addressed only one portion of the expungement statute and other criteria apply. If you are considering seeking expungement of prior criminal records, you should consult with an experienced criminal defense attorney to determine whether you may be eligible for expungement. For further information about expungement of a criminal record, conspiracy, gifts to public servants or other crimes in New Jersey, visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.