In Re DH
204 N.J. 7
| N.J. | 2010Background
- D.H. worked as a detective for the Monmouth County Prosecutor's Office from 1985 to 1999.
- In 1999, D.H. admitted she accessed CJIS to conduct non-investigative background checks for a private employer.
- D.H. pled guilty to a disorderly persons offense and consented to a mandatory order of forfeiture of public employment.
- The trial court imposed the forfeiture and noted D.H. would be forever disqualified from holding any public office or employment.
- D.H. later sought expungement of the conviction in 2008 and challenged the forfeiture order as an expungement consequence.
- Trial court granted expungement of the conviction and voided the forfeiture order; Appellate Division affirmed expungement but reinstated the forfeiture order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether expungement should be granted for D.H.'s disorderly persons conviction | D.H. entitled to expungement under 2C:52-3 | State may deny if record availability outweighs relief under 2C:52-14 | Expungement granted for the conviction |
| Whether the expungement order should also void the mandatory order of forfeiture of public employment | Expungement should erase collateral consequences including forfeiture | Forfeiture is a separate statutory consequence not voided by expungement | Forfeiture order preserved; expungement does not void it |
| Can expungement and forfeiture statutes be harmonized | They can be harmonized; expungement should nullify the forfeiture | Strict separation is required to uphold the forfeiture statute | Harmonization permitted; forfeiture survives expungement as to the order itself |
| What is the effect of N.J.S.A. 2C:52-27 and related exemptions on expunged records | Expunged records should not militantly continue collateral effects | Statutory exemptions preserve certain disclosures and uses of expunged records | Expungement does not erase the forfeiture; disclosures remain under statute |
Key Cases Cited
- State v. XYZ Corp., 119 N.J. 416 (1990) (expungement purposes and balancing public policy)
- In re Nuñez, 384 N.J. Super. 345 (App. Div. 2006) (forfeiture as collateral consequence; expungement limits)
- Flagg v. Essex County Prosecutor, 171 N.J. 561 (2002) (forfeiture relief valve via N.J.S.A. 2C:51-2e)
- In re P.A.F., 176 N.J. 218 (2003) (public official convicted of crime involving office not eligible for expungement)
- Cedeño v. Montclair State Univ., 163 N.J. 473 (2000) (legislative intent to preclude second chances for public trust violators)