Whether Certain Juvenile Offenses Are Bar to Expungement of Adult Offenses to Be Decided by NJ Supreme Court
- July 27, 2013
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The NJ Supreme Court is considering whether juvenile offenses make a difference in the ability to expunge adult offenses. A petitioner, now age 35, married and gainfully employed, wished to obtain expungement of multiple convictions. The petitioner wished to expunge the adult crimes of receiving stolen property, harassment, contempt and 3 arrests in Bridgewater Township. Although denied the expungement of the above crimes, the crimes of burglary, receiving stolen property, theft, possession of imitation controlled dangerous substance, possession of marijuana with intent to distribute, distribution of CDS on a school property, criminal attempt and credit card fraud committed while petitioner was a juvenile were expunged under the same petition. In making the decision to bar the expungement of the adult offenses as a result of the juvenile offenses, Somerset County Superior Court Judge Angela Borkowski held that N.J.S.A. 2C:52-2 acts as a bar to expungement via N.J.S.A. 2C:52-4.1. The matter of the Expungement Application of Daniel Jugal Baldev will now be heard by the NJ Supreme Court as the petitioner has raised challenges to the courts application of N.J.S.A. 2C:52-2 and 2C:52-4.1, claiming the court has misconstrued how the statutes relate to each other. Baldev asserts that he meets every requirement of N.J.S.A. 2C:52-2 and the expungement of adult crimes should also be granted under his petition. The decision of the NJ Supreme court in this matter will have bearing on whether future expungement of adult crimes may occur in the event of certain prior juvenile offenses. If you have been convicted or pled to a crime in New Jersey, you may be entitled to an expungement of your records. Expungement of your records can help you regain the opportunity to obtain jobs, attend schools and other opportunities that your criminal record may have deprived you of. If you are considering an expungement, you should obtain experienced counsel immediately to insure your rights are protected. For more information about expungement, juvenile matters and other criminal or municipal court matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.