In the Matter of the Expungement Application of D.J.B.
216 N.J. 433
| N.J. | 2014Background
- D.J.B. was delinquent as a juvenile for acts that would be crimes if committed by an adult.
- As an adult, D.J.B. pleaded guilty in 1996 to fourth-degree receiving stolen property.
- D.J.B. filed in 2011 to expunge his 1996 conviction; the trial court denied, citing 2C:52-4.1(a) and 2C:52-2.
- Appellate Division affirmed, aligning with a split in authority about 2C:52-4.1(a)’s scope.
- The Supreme Court granted certification and reversed, holding 52-4.1(a) applies to juvenile expungement only and not to bar expungement of an adult conviction under 52-2.
- The Court remanded for entry of an expungement order for the 1996 conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2C:52-4.1(a) binds expungement of adult crimes. | D.J.B. argues 52-4.1(a) only governs juvenile expungement. | State argues 52-4.1(a) classifies juvenile acts as adult for expungement purposes and barring applicability to 52-2. | 52-4.1(a) applies only to juvenile expungement; not to 52-2. |
| Whether juvenile adjudications count as 'prior crimes' under 2C:52-2. | D.J.B. contends juvenile adjudications are not prior crimes for 52-2. | State contends the last sentence of 52-4.1(a) could treat juveniles as prior crimes for 52-2. | Juvenile adjudications are not treated as prior crimes for 52-2 purposes. |
| Legislative intent behind expungement scheme when read with juveniles and adults. | Legislature did not intend to harden expungement for adults due to juvenile records. | Legislature intended to address juvenile adjudications separately and not restrict adult expungement. | Statutory scheme read as unitary and harmonious; does not bar adult expungement due to juvenile adjudications. |
| Result for D.J.B.’s petition under 52-2. | D.J.B. is presumptively eligible; burden on State to show grounds to deny. | State failed to identify valid grounds beyond juvenile adjudications. | D.J.B. is entitled to expungement of the 1996 conviction. |
Key Cases Cited
- In re Kollman, 210 N.J. 557 (N.J. 2012) (expungement framework; ‘primary objective’ and timing guidance)
- In re P.A.F., 176 N.J. 218 (N.J. 2003) (expungement standards for first-time offenders; public interest factors)
- In re J.B., 426 N.J. Super. 496 (App. Div. 2012) (last sentence of 2C:52-4.1(a) applies to juvenile expungement; not to 52-2)
- In re Adoption of a Child by W.P. and M.P., 163 N.J. 158 (N.J. 2000) (statutory reconciliation of juvenile and adult records)
- In re Petition for Referendum on City of Trenton Ordinance 09-02, 202 N.J. 349 (N.J. 2010) (interpretation of statutory text in a broader statutory context)