cdTOCtest

III. APPLICATION FOR EXPUNGEMENT

A. Who Can File to Expunge a Record?

Expungement is a remedy available to both living
human beings and corporate entities. State v. X.Y.Z.
Corp., supra. Deceased persons, however, are not eligible
to petition to expunge a record for the simple reason that
they are unable to comply with the statutory requirement
of verifying their petition and submitted the
accompanying affidavit or certification, under the
provisions of N.J.S.A. 2C:52-7.

B. Where is a Petition to Expunge Filed?

To obtain an Order to Expunge, a petitioner must
make a formal application by way of motion on a Verified
Petition to the Superior Court, Law Division, in the
county where the disposition of the matter to be
expunged occurred. However, in IMO, J.N.G., 244 N.J.
Super. 605, 610-611 (App. Div. 1990) it appears that a
petitioner may apply to expunge a record in any county
in which the petition could be file under the statute. But
see, State v. DeMarco, 174 N.J. Super. 411, discussing the
application of statutory construction to the Expungement
statutes.

C. How is the application filed?

In order for any person to expunge a record, that
person must file a Verified Petition and an accompanying
affidavit or certification with the Superior Court, Law
Division. N.J.S.A. 2C:52-7. In addition, the petitioner
is responsible for providing service of the petition on all
agencies and entities required to be served. N.J.S.A.
2C:52-10. The purpose of this requirement is to assure
that all parties entitled to and required to be given notice
will have an opportunity to review the petition and
inform the Court of any objections. N.J.S.A. 2C:52-11.

Expungement is not, however, an automatic remedy.
State v. Petti, 142 N.J. Super. 283, 286-7 (App. Div.
1976). But see, P.L. 2000, c. 108, concerning ordinance
violations declared to be unconstitutional.

Implicit in the filing of a Verified Petition is the fact
that the petitioner is obligated to “demonstrate that he/
she is entitled to the relief sought.” State v. Merendino,
293 N.J. Super. at 451.

IV. OBJECTIONS TO EXPUNGEMENT

A. In General

If the prosecutor or other party entitled to notice

determines that a petitioner is not eligible to expunge the

record, then an objection should be communicated to the

Court and the petitioner. An objection based upon a

prior or subsequent criminal conviction is satisfied by the

submission of a certified copy of the Judgment of

Conviction.

The burden is then on the petitioner to prove the

conviction’s invalidity. A petitioner seeking expungement

of a conviction, when his record shows another

conviction, must do more than merely allege the [other]

conviction’s invalidity to put the State to its proofs. [The

petitioner] must present at least a prima facie case of

invalidity. Otherwise the courts would become bogged

down with excessive collateral matters and criminal

verdicts would never have any finality.

State v. H.G.G., 202 N.J. Super. 267, 273 (App. Div.

1985).

N.J.S.A. 2C:52-14 sets out the statutory reasons why

an expungement must be denied by a Court. An

objection under any one or more of the subsections at

N.J.S.A. 2C:52-14a, or -14c through -14f, inclusive,

requires the Court to deny relief. An objection under the

provision of N.J.S.A. 2C:52-14b, is the only provision

which allows the Court a measure of discretion in

granting or denying relief.

B. Types Of Objections

1. Failure of a Petitioner to fulfill any of the statutory
   prerequisites

N.J.S.A. 2C:52-14a is the basis upon which most

objections to an expungement are interposed. Generally,

it involves failures to by a petitioner to comply with the

procedural mandates of the statute [notice to all necessary

parties, or deficiencies in the verified petition or in the

accompanying affidavit or verified statement], or the

petitioner may not have fully disclosed relevant

information [the petitioner’s entire record of arrests and/

or convictions in this or any other jurisdiction (State or

federal), other pending charges (indictable or non-

indictable, but not motor vehicle violations], a previously

granted expungement, or a petition to expunge a record

pending in another county). State v. DeMarco, 174 N.J.