Amendments to the Expungement Statutes (Part 8)

N.J.S.2C:52-8 is amended to read as follows:

2C:52-8. Statements to accompany petition. There shall be attached to a petition for expungement:

a. A statement with the affidavit or verification that there are no disorderly persons, petty disorderly persons or criminal charges pending against the petitioner at the time of filing of the petition for expungement.

b. In those instances where the petitioner is seeking the expungement of a criminal conviction, or the expungement of convictions pursuant to N.J.S.2C:52-3 for multiple disorderly persons or petty disorderly persons offenses, all of which were entered the same day, or which were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time, a statement with affidavit or verification that he has never been granted expungement, sealing or similar relief regarding a criminal conviction or convictions for multiple disorderly persons or petty disorderly persons offenses, all of which were entered the same day, or which were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time by any court in this State or other state or by any Federal court. “Sealing” refers to the relief previously granted pursuant to P.L.1973, c.191 (C.2A:85-15 et seq.).

c. In those instances where a person has received a dismissal of a criminal charge because of acceptance into a supervisory treatment or any other diversion program, a statement with affidavit or verification setting forth the nature of the original charge, the court of disposition and date of disposition.

Consistent with the Legislature’s goal expanding expungement eligibility, verbiage was added to this expungement statute sub-section. Specifically, the sub-section now allows for the expungement of multiple petty disorderly and/or disorderly persons offenses. There is significant room for interpretation and creative lawyering regarding the phrase “within a comparatively short period of time.” Accordingly, applicants must now include the amended version of the statutory language in their expungement petitions.