On December 18, 2017, the New Jersey Supreme Court decided the case of State v. Akeem Boone. Justice Fernandez-Vina wrote for a unanimous Court. The principle issue was whether a warrant application that did not include evidence as to why a specific apartment unit should be searched fell short of establishing probable cause for the […]
Drug Court Expungements & The Public Interest: Part 3
The bill was amended and merged into a committee substitute with other bills that proposed various amendments to Chapter 52, mainly to reduce the waiting periods for expungements. See Assembly Committee Substitute for Assembly Bill Nos. 206, 471, 1663, 2879, 3060 and 3108, 216th Legislature (Dec. 11, 2014) (Assembly Committee Substitute). With respect to Drug […]
Drug Court Expungements & The Public Interest: Part 2
We add that the public interest showing, based on the statute’s plain language, pertains only to convictions described in N.J.S.A. 2C:52-2(c)(3). If the person meets the public interest test regarding an identified third- or fourth-degree conviction, then his or her records do not include a conviction “barred from expungement” under N.J.S.A. 2C:52-2(b) or -2(c). The […]
Drug Court Expungements & The Public Interest: Part 1
On August 1, 2017, a three judge Appellate Division panel decided the case of I.M.O. of the expungement of the arrest/charge records of T.B., J.N.-T., R.C. The panel included former Monmouth County Criminal Presiding Judge Vernoia. The principle issue before the Court was whether Drug Court graduates who seek expungement under N.J.S. 2C:35-14(m) are required […]
Drug Court & Expungements: Part 3
This would ensure that defendants would receive prompt drug treatment rather than having to resolve often petty disorderly persons offenses prior to being sentenced into Drug Court. The goal of the Drug Court is to evaluate the need for a client’s treatment and get them into it as soon as possible. In fact, there was […]
Drug Court & Expungements: Part 2
The way the statute is currently drafted, if a person were to be sentenced into Drug Court today and then go to a municipal court to resolve a pending under-50 grams of marijuana case, they are technically barred from the expungement under N.J.S.A. 2C:35-14(m). While the court certainly could understand the intent of the Legislature […]
Drug Court & Expungements: Part 1
In a rare published trial court opinion out of Sussex County, a Law division judge decided the case of State v. K.S. on May 22, 2017. The principle issue in the case is whether a defendant is barred from receiving a Drug Court expungement under N.J.S.A. 35-14(m) when he committed two additional offenses prior to […]
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