Significant NJ Expungement Decisions

What follows are links to the full text of significant court decisions from New Jersey, and one federal court decision, related to expungements.

In the Matter of the Expungement Petition of J.S. Crimes committed on different dates cannot be expunged under the “spree” doctrine. Note: This J.S. decision is legislatively overruled by law that becomes effective October 1, 2018.

In re Application of R.W.B. Jr. for Expungement of Records Conspiracy to commit otherwise unexpungeable drug offenses is expungeable.

State of New Jersey v. D.L.C. Juvenile adjudications do not constitute a statutory bar to adult expungements.

  Appellate Brief (redacted) that Expungement Lawyers in New Jersey™ prepared and filed, in the matter of State of New Jersey v. D.L.C. Note: This appellate brief is in .pdf format.  

In re Application Of J.C. for Expungement of Records Expungement can be granted despite unavailability of otherwise-required information.

Expungement Application of L.B. Gubernatorial pardon removes previous statutory bar to expungement.

In re Martin Carluccio Absent other disqualifications, a Certificate of Rehabilitation issued pursuant to the Rehabilitated Convicted Offenders Act restores eligibility to public employment.

G.D. v. Kenny While divulging information that divulger knows to have been expunged remains a punishable disorderly persons offense, that divulgence will not lend itself to a civil defamation action.

Middletown Board of Education v. Middletown Teachers Association Incarcerations to enforce court orders in a civil case cannot be expunged.

In re Petition of D.H. Statutorily-mandated forfeiture order survives expungement of the underlying offense.

State of New Jersey v. K.M. Traffic offenses defined in the New Jersey Motor Vehicle Code cannot be expunged.

In re Expungement Application of G.R. Possession with intent to sell cannot be expunged. Possession with intent to distribute, without sale, can.

James White v. Carl Thomas United States Court of Appeals for the Fifth Circuit denies Constitutional Full Faith and Credit to expungement judgment of a California court.

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Law Offices of Allan MarainNJ and New Jersey arrested can expunge criminal records and convictions for crimes and dismissed.
Attorney and Counsellors at Law
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New Brunswick NJ 08903
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Former client A.M. (file 7258) wrote: “In the days since the successful completion of my expungement I have had time to fully reflect on what it means to me and those that will come in contact with me for the rest of my life and am nothing but inspired. Being able to find you, a needle in a haystack has left me with hope that I did not have before. I can now stand upright and chase my dreams freely and unapologetically without that scarlet letter attachment anymore.

“I have also decided to continue my educational pursuits and I have transferred to the University of Alabama (online) to get the last 30 or so credits that I need to complete my undergraduate studies. I'm not sure where I will go or what I will do after that but I guess the real point now is that I have a choice because of the service that you have provided for me as well as others.”

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