Expungements and Out-of-State Convictions

by | Dec 20, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On November 8, 2023, a three-judge appellate panel decided the Monmouth County case of IN the Matter of the Expungement Application of K.M.G. The principal issue under N.J.S.A. 2C:52-1 concerned whether an out-of-state conviction was a bar to a “clean slate” expungement.

Judge Sumners wrote for the Appellate Division in relevant part: As in Ochoa, the “clean slate” language does not specify that the conviction in question includes out-of-state convictions, but it also does not specify “that such offenses must have been committed within this State.” Like in Ochoa, there also is a strong, if not conclusive, textual argument that the disputed language nevertheless excludes out-of-state convictions. When ‘the Legislature has carefully employed a term in one place and excluded it in another, it should not be implied where excluded.'” Furthermore, like Ochoa, that argument must fail given the Legislature’s clear directive that the expungement statutes be construed to give relief to the reformed “but not to create a system whereby persistent violators of the law have a regular means of expunging their police and criminal records.”

Our Supreme Court has concluded that “the Legislature is presumed to be ‘thoroughly conversant with its own legislation and the judicial construction placed thereon.'” When our Legislature has not specified whether out-of-state convictions are considered regarding the availability of expungement, the courts have construed the expungement statutes to declare that they do. We should not assume the Legislature intended we would rule any differently here.

Finally, nothing in the history of the “clean slate” statute’s enactment supports the trial court’s interpretation. Statements from the Governor’s Office and legislators in support of the enactment are consistent with the purpose of the expungement statutes. The Governor’s Office’s press release refers to the “clean slate” expungement process as for those “who have not committed an offense in ten years.” Senate President Stephen M. Sweeney, who sponsored the “clean slate” bill, S. 4154 (2018), said that “clean slate” was for “former offenders.” Assemblywoman Verlina Reynolds-Jackson stated the process would “bring us a step closer to social equity and social justice for offenders who have not committed a law violation in years.” We are thus convinced that, given the clear intent of the “clean slate” statute, expunging petitioner’s New Jersey criminal record would result in an absurd result because her Virginia conviction occurred within ten years of her petition for expungement. The case is reversed and remanded to the trial court to enter an order vacating its expungement order.

A fair counterpoint to the Court’s analysis is that if the Legislature were familiar with its legislation and judicial interpretations thereof, it would have been more careful with the language it used. It could have avoided the instant litigation by making it clear that out-of-state convictions are also bars to clean slate expungements.

 

Excellent rating
Based on 287 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
2 👍🏻👍🏻 up
Cc
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
On time and on point. Very knowledgeable
Ron T
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
Mr. Sisto provides outstanding support and guidance, he is absolutely very quick to respond to your initial inquiry and stands by you throughout your legal circumstances. I highly recommend Mr. Sisto to assist you in your time of need! You will truly be thankful you used his expertise and services!
Ej W
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
He is the best professional to have on your side taking care of your interests. Your in the best of hands.
Stuart C
Google star 1Google star 2Google star 3Google star 4Google star 5
I wholeheartedly recommend the legal services of Frederick Sisto. Mr. Sisto brings with him a wealth of knowledge, experience, and professionalism - qualities that make him highly effective at providing legal counsel.
John D
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 was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
Jeff M