In Re Jb
426 N.J. Super. 496
| N.J. Super. Ct. App. Div. | 2012Background
- Petitioner J.B. sought expungement of three juvenile delinquency adjudications from 1997 and 1999 and a 2002 adult theft conviction.
- Trial court denied the petition, applying N.J.S.A. 2C:52-4.1(a) to treat juvenile acts as adult crimes.
- Petitioner argued expungement was available under the 1980 expungement statute, including a five-year full-record expungement path.
- The State opposed, contending the juvenile adjudications were not expungible and the adult conviction was not yet eligible.
- Appellate Division reversed in part, holding the unnumbered paragraph applies only to juvenile-adjudication expungement, and petitioner qualifies under the five-year full-record path, but the adult conviction denial remains premised on premature timing.
- The court ultimately affirmed as to expungement of the adult conviction because ten years had not elapsed since release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the unnumbered paragraph in 2C:52-4.1(a) apply to juvenile adjudications or to all expungement petitions? | Petitioner: unnumbered paragraph applies to petitions under 2C:52-4.1(a) only. | State: paragraph may broadly affect expungement petitions for all acts. | Paragraph applies only to juvenile-adjudication petitions under 2C:52-4.1(a). |
| Is petitioner eligible to expunge all juvenile delinquency adjudications under 2C:52-4.1(b)'s five-year path? | Petitioner meets five-year, no-conviction/no-delinquency period, and other requirements. | State contests eligibility based on prior adjudications and record specifics. | Petitioner eligible for expungement of the entire juvenile record under 2C:52-4.1(b). |
| Can the juvenile adjudications be expunged if treated as adult crimes under 2C:52-4.1(a)(1)? | Petitioner urges applying 2C:52-2 tests to juvenile acts as if committed by an adult. | State opposes treating juvenile acts as crimes for purposes of adult expungement. | Unnumbered paragraph limited to juvenile-admissible petitions; the juvenile adjudications are not expunged under 2C:52-2 as applied to the adult-crime framework. |
| Was expungement of the adult theft conviction premature under 2C:52-2(a)(2)? | Petitioner seeks early expungement for public-interest reasons. | State argues longer waiting period required and no compelling public-interest showing. | Expungement of the adult conviction denied for lack of ten-year wait and insufficient public-interest showing. |
Key Cases Cited
- In re J.N.G., 244 N.J. Super. 605 (N.J. Super. Ct. App. Div. 1990) (presumptive entitlement concept for expungement under 1979 act)
- State v. W.J.A., 173 N.J. Super. 19 (Law Div. 1980) (juvenile adjudications not criminal convictions; sealing limited)
- In re Lobasso, 423 N.J. Super. 475 (App. Div. 2012) (analysis of the five-year public-interest pathway to expungement)
- State v. DeLuca, 325 N.J. Super. 376 (App. Div. 1999) (extent of discretion in expungement determinations)
- Hubbard v. Reed, 168 N.J. 387 (1997) (statutory interpretation goal is legislative intent when reading statutes)