Expunged Records and Child Abuse Charges (Part 2)

by | Aug 30, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Appellate Division continued: Arlo argues N.J.S.A. 2C:52-14, which does not apply to an expungement pursuant to N.J.S.A. 2C:52-6, provides: A petition for expungement filed pursuant to this chapter shall be denied when . . . d. The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body.

Arlo maintains that “if the Legislature intended a similar exception to apply to N.J.S.A. 2C:52-6, the Legislature would have included this exception. However, the Legislature created an automatic expungement with no exceptions.” Contrary to Arlo’s argument, there is an exception to N.J.S.A. 2C:52-6,and that exception is found in N.J.S.A. 2C:52-19, the catch-all provision, which empowers a court to allow certain parties access to expunged records under fact-specific circumstances. See G.D., (finding that criminal-conviction information, truthfully reported, was civilly actionable when the conviction was the subject of an expungement order); State v. J.R.S., (App. Div. 2008) (“Even after the entry of a judgment of expungement, expunged records remain available for certain limited purposes, including to satisfy discovery obligations in a civil suit.”). As our Supreme Court recognized in G.D., the expungement statute does not transmute a once-true fact into a falsehood. It does not require the excision of records from the historical archives of newspapers or bound volumes of reported decisions or a personal diary. It cannot banish memories. . . . Although our expungement statute generally permits a person whose record has been expunged to misrepresent his past, it does not alter the metaphysical truth of his past, nor does it impose a regime of silence on those who know the truth.

The trial court did not err in granting the Division access to the expunged records. N.J.S.A. 2C:52-19 authorized the court to do so.

A counter point is that our criminal code makes it a disorderly persons offense to knowingly disclose the existence of an expunged record.  A related point in A.G.’s favor is that his case resulted in a complete dismissal. Only the arrest record of an unproven charge was expunged.

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
Thank you !
Billy F
Google star 1Google star 2Google star 3Google star 4Google star 5
Although I don't know Fred, he has my appreciation in his fight for my liberty. Mothers against drunk driving have ruined as many lives as they have saved. We need bread and butter laws in N. J ! Stopping moterists assuming they are breaking a law is against my rights. N. J. Is a police state with a cop on every corner. From the unjust gas tax to the corruption in Trenton, we need more attorneys like Frederick Sisto. He is aware of the people's shrinking liberties.
Freehold F
Google star 1Google star 2Google star 3Google star 4Google star 5
Have nothing but great things to say about Fred, highly recommended
Bill S
Google star 1Google star 2Google star 3Google star 4Google star 5
i have not needed the service of fred sisto but am grateful for the notices i receive
Bill P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
Qianru Z
Google star 1Google star 2Google star 3Google star 4Google star 5
Great experience overall having Frederick P Sisto as my attorney. Sisto understands his client, very insightful and is an expert in his field. Truly a professional and marvelous individual.
Maybelin R
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a good lawyer, he is really young yet made me feel confident that my lawful rights were being protected, and investigated all avenues when there was potential they weren't. He is very knowledgeable, and offered great peace of mind in such a distressing situation. I always felt like he had my back throughout the whole process, supporting aspects to my case that didn't even fall within his scope. I would highly recommend Fred.
Amy L
Google star 1Google star 2Google star 3Google star 4Google star 5
I would highly recommend Frederick Sisto to anyone seeking legal representation that is fair, honest and will keep your best interest forefront. should the situation arise, i would not hesitate to seek representation from Frederick Sisto again.
Rmean
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
Mildred T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a fantastic attorney who is very informative, knows the system well, and is very thorough.
Bob V