No Expungement After Plea In Money Laundering Scheme
- December 3, 2014
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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.