The Court continued: The statutory maximum for a sentence, however, includes the statutes that allow a special probation sentence followed by a revocation of that special probation. The statutory scheme delineates that the maximum custodial sentence for a second-degree crime is ten years in prison, unless a defendant applies for and is accepted into special […]

The Appellate Division continued: Defendant points out that the probation revocation statute states that a defendant shall receive credit for any time served in custody pursuant to N.J.S.A. 2C:45-1 or while awaiting placement in a treatment facility . . . and for each day during which the person satisfactorily complied with the terms and conditions […]

On June 21, 2019 a three-judge appellate panel decided the Middlesex County case of State v. Thomas Hawkins. The principal issue under N.J.S.A. 2C:35-14 involved the propriety of an eight year prison sentence for drug court violations where the defendant already completed almost five years of special probation. Presiding Judge Koblitz held in relevant part: […]

14.    Section 8 of P.L.2017, c.244 (C.2C:52-23.1) is amended to read as follows: 8.  a. Notwithstanding any provision in this act to the contrary, expunged or sealed records may be used to facilitate the State Treasurer’s collection of any court-ordered financial assessments that remain due at the time an expungement or sealing of records […]

13.    N.J.S.2C:52-15 is amended to read as follows: 2C:52-15. a.  Except as provided in subsection b. of this section, if an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the law […]

The amendments to N.J.S.A. 2C:52-10.1 continue: b.    Upon receipt of the information from the court pursuant to paragraphs (2) and (3) of subsection a. of this section, the Superintendent of State Police, the Attorney General, and the county prosecutor of any county in which the person was convicted shall, within 60 days, review and […]

N.J.S.A. 2C:52-10 is amended to read as follows: 2C:52-10.  a.  Until the date that the e-filing system is established by the Administrative Office of the Courts pursuant to section 11 of P.L.  , c.   (C.        ) (pending before the Legislature as this bill), a copy of each petition, together with a copy of all supporting […]

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 […]

The amendments to N.J.S.A. 2C: 52-6 continue: (c)    Appointments to the task force shall be made within 30 days of the effective date of this section. Vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made. (d)    Members of the task force […]

The amendments to N.J.S.A. 2C: 52-6 continue: (3) Upon establishment of the automated process pursuant to this subsection, any pending “clean slate” expungement petitions filed pursuant to section 7 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be rendered moot and shall be withdrawn or dismissed in accordance with […]