Bail Reform: State’s Use of an Expunged Arrest/Conviction

by | Feb 9, 2017 | Blog, Criminal Law, Law Reform and Amendments

Fred Sisto Brick Lawyer“In the event that a juvenile is waived to adult court pursuant to N.J.S .A. 2A:4A-26 .l (involuntary waiver) or N.J.S.A. 2A:4A-27 (waiver at election of juvenile), and a complaint-warrant is issued pursuant to Section 4.8 so that the juvenile is an “eligible defendant” within the meaning of N.J.S.A. 2A:162- 15, in deciding whether to seek pretrial detention the prosecutor shall apply the relevant facts and circumstances of the offense and the defendant’s history of juvenile delinquency to the appropriate subsection(s) of this Section as if the person originally had been arrested and charged by complaint-warrant as an adult. See Section 4.8 and subsection 2.2. 1 (a juvenile waived to adult court shall be treated as an adult under this Directive). It is expected that the circumstances justifying an involuntary waiver (e.g., the nature and seriousness of the charges and/or the nature and extent of any prior history of delinquency) often will invoke a presumption under this Directive to seek pretrial detention.

A prosecutor, in determining whether to overcome the presumption against seeking pretrial detention pursuant to Section 7.2, may consider expunged records as part of the totality of relevant circumstances. See N.J.S.A. 2C:52-21 (“expunged records . . . of prior arrests or convictions shall be provided to any court, county prosecutor ,the Probation Division of the Superior Court, the pretrial services agency, or the Attorney General when same are requested for use in conjunction with a bail hearing, [or] pretrial release determination pursuant to sections 1 through 11 of P.L. 2014, c. 31 [the Bail Reform Law]”).

A prosecutor may at any time reconsider the decision to seek pretrial detention based on information that would be relevant pursuant to this Directive and that was not known to the prosecutor at the time an initial decision was made not to seek pretrial detention. Furthermore, if the court denies a prosecutor’s motion for pretrial detention, the prosecutor may seek to re-open the hearing based on information not known at the time of the initial hearing that has a material bearing on the pretrial detention issue. See N.J.S.A. 2A:162-19(f).”

The natural response to the state’s use of an expunged arrest and/or conviction is that the charge(s) were unfounded or, in the case of a conviction, that a superior court of equal jurisdiction has ordered that the nature of the offense, along with the significant passage of time, make the conviction unworthy of consideration.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the absolute BEST out there!! My experience with him was great he walked me thru everything and got my charges dropped!!!!!
Kat M
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the criminal justice system is evident since he was able to get all charges dropped as well as getting them expunged from his record. If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
Joseph M
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is easy to work with. He explains all the intricate detail in an our language not lawyers lingo. He is also very responsive to questions you communicate to him. All of this and he was able to arrange a very favorable deal on top of being a good guy.
Frank T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
Very dedicated lawyer. Highly recommend he communicates very well with you. If you have any doubts he’s always there to answer my questions or concerns. Super nice and understanding, definitely deserves 5- stars in my book .
Hirma O
Google star 1Google star 2Google star 3Google star 4Google star 5
I recommend good lawyer
Norman T
Google star 1Google star 2Google star 3Google star 4Google star 5
I was afraid, I got myself into a tough situation and thought there was no way out of it. Not only was I given help to lower my case but I was given the best possible outcome something I never thought was possible. Month of stress is now gone because of the help I was given. Spend the money now it could save you a ton in the future.
Ryan H
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Great Guy, would recommend him!
Adam W
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is extremely professional. He returned my emails or phone calls right away and did not hesitate to answer any questions that I had about my legal issues. He played bargained with the prosecutor and got five out of six of my offenses dismissed. I highly recommend him.
Jalang63