Expungement Petition And Effect Of Other Crimes

In the Matter of DiGregorio involved a petitioner who sought the expungement from his record of the disorderly persons offense of lewdness and his petition was denied. On appeal, the NJ Appellate Division applied the statute relating to expungement of disorderly and petty disorderly offenses, N.J.S.A. 2C:52-3 to the facts in the instant matter. N.J.S.A. 2C:52-3 reads as follows: Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition… praying that such conviction and all records and information pertaining thereto be expunged. The petitioner properly waited the requisite 5 year period following conviction, payment of his fines and completion of probation in order to seek expungement of the disorderly persons offense. However, the petitioner was disqualified from meeting the expungement criteria as a result of having had two subsequent criminal convictions, one in 2008 and another in 2013. The N.J. Appellate Division affirmed the trial court's denial of the petition. A criminal record can affect your ability to obtain certain jobs, get into certain schools of your choice, obtain housing and have other serious consequences including a negative social stigma. Expungement offers a second chance at a clean record. New Jersey legislators have recently taken steps to make expungement more available in an effort to prevent recidivist criminal activity. Although expungement is available, it should not be taken as a given. If you or your child are seeking an expungement, you should consult experienced criminal defense counsel in order to ensure you qualify and that the crime on your record is expungeable. For more information about expungement, disorderly persons offenses or other criminal matters, visit DarlingFirm.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.

New Brightline Rule For Expungements Involving Prior Juvenile Offenses In NJ

Judges throughout the state have differed for years in their opinions as to how juvenile offenses should be treated when a petitioner seeks expungement of an adult offense. In January 2014, the NJ Supreme Court resolved the matter when Justice Stuart Rabner said there was no clear legislative intent to utilize juvenile offenses to limit expungement of adult offenses. The legislative intent in creating expungement statutes was to permit nonviolent, one-time adult offenders to clear their records of mistakes long past. In the Matter of the Expungement of D.J.B., a now 36 year old man sought to expunge a single adult conviction of burglary. The requisite 10 year waiting period had elapsed and D.J.B. sought to expunge the offense as it was preventing him from better job opportunities and from participation in the community as a little league coach. In denying his petition for expungement, the Somerset County Superior Court cited his prior juvenile offenses the equivalent of third-degree burglary at age 16 and burglary and marijuana possession at age 17 in light of a 1980 legislative amendment to the expungement statute, N.J.S.A. 2C:52-4.1(a), which states "any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult." The NJ Supreme Court decision that juvenile offenses are no bar to expungement of otherwise eligible adult offenses brings finality to that issue and makes it possible for many adults with prior offenses to seal records which have been limiting their opportunities and branding them with social stigma for far too long. If you have been held back by prior offenses or are too embarrassed to seek certain opportunities because of past mistakes, expungement will put an end to these issues. For more information about expungement, burglary, drug possession 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.