New Jersey Section 2C:52-10 – Service of petition and documents

New Jersey’s expungement law, Section 2C:52-10, outlines the requirements for serving a petition for expungement and supporting documents. This section of the law is an important part of the expungement process, as it ensures the relevant parties are properly notified and given an opportunity to object to the expungement.

Overview of Service Requirements

Section 2C:52-10 requires that a copy of the expungement petition, along with all supporting documents, be served on several parties, including:

• The State Police Superintendent
• The Attorney General
• The county prosecutor
• The administrator of the municipal court if a municipal ordinance violation is sought to be expunged
• The chief of police or other executive head of the police department of the municipality where the offense was committed or the arrest was made
• The chief law enforcement officer of any other law enforcement agency of the state that participated in the arrest or prosecution

This ensures that all relevant law enforcement agencies are aware of the petition and have a chance to review the case and potentially object if they believe the expungement should not be granted.

The section also specifies that service must be made pursuant to the Rules of Court. This generally means service by certified mail, return receipt requested. However, the eCourts system now allows for electronic service in many cases.

Importance of Proper Service

Proper service is essential for the expungement process. If the required parties are not served correctly, it can derail or delay the expungement.

For example, if the county prosecutor is not properly served, they may be unaware of the petition and unable to lodge an objection. The court may then grant the expungement by default. If the prosecutor later learns of the expungement and can show they were not served, they can ask the court to vacate the expungement order. This can lead to the expungement being reversed and the records reinstated.

Even if service is technically proper but the served documents are incomplete or unclear, it can cause issues. The recipients may not fully understand the scope of the expungement petition. They then cannot make a fully informed decision on whether to object. Insufficient service could potentially be grounds for overturning the expungement.

Electronic Filing and Service

In recent years, New Jersey has transitioned to electronic filing and service for many court procedures, including expungements in some counties.

The eCourts system allows for petitions and supporting documents to be submitted electronically. The system then electronically serves the petition on the required parties.

This streamlines the filing and service process. It also provides time-stamped proof of service. However, electronic service is not yet universally available for expungements across all New Jersey counties. The Rules of Court still allow for traditional certified mail service.

Practitioners and petitioners should check with the county court to determine the proper service method. Courts are transitioning to eCourts on different schedules.

Supporting Documents to be Served

Section 2C:52-10 states that copies of “all supporting documents” must be served along with the petition for expungement. But what constitutes “supporting documents?”

At minimum, the following documents should be included:

• Expungement Order Forms – Draft expungement orders for the court’s use if the petition is granted. Different forms are used depending on the type of expungement.
• Verified Petition – This is the main expungement petition that sets out the petitioner’s basis for expungement under the statute.
• Cover Letter – A cover letter briefly summarizing the petition and providing contact information is best practice.

In addition, petitioners will usually need to include at least some of the following common supporting documents:

• Certification in Support of Expungement – The petitioner’s sworn statement attesting to the facts of the underlying case.
• Criminal Case Documents – Copies of relevant documents from the criminal case, such as the judgement of conviction or disposition.
• Proof of Payment of Fines – Evidence the petitioner has paid any fines or restitution related to the case.
• Employer Letter – For certain expungements, an employer letter may be required to show how the records have negatively impacted employment.
• Character Reference Letters – Letters attesting to the petitioner’s good character can help support the expungement.

The specific supporting documents needed will vary depending on the nature of the expungement and the underlying case. Petitioners should be sure to serve copies of any documents they are relying on to establish grounds for expungement.

Consequences of Failure to Serve

Given the importance of proper service, what happens if a petitioner fails to serve the required parties?

Unfortunately, failure to comply with the service requirements in 2C:52-10 can derail the expungement petition. If the defect is noticed early on, the court may order the petitioner to re-serve the documents properly.

However, if the issue is not caught until after the court has granted the expungement, it can jeopardize the expungement order. As discussed above, improper service is grounds for vacating a granted expungement.

In rare cases, the court could even sanction the petitioner or their attorney for filing a petition without complying with service rules. The court could require them to pay the legal fees of any party that had to litigate to overturn the expungement.

For these reasons, petitioners should take care to fully comply with 2C:52-10 and serve all required parties properly. Consulting with an experienced expungement attorney is highly recommended. An attorney can ensure proper service and avoid easily preventable mistakes.

Serving the State Police Superintendent

One party that must always be served is the New Jersey State Police Superintendent. This allows the State Police to update their criminal records if the expungement petition is granted.

The State Police provide guidance on serving expungement petitions.

The current mailing address is:

• New Jersey State Police
• Criminal Information Unit
• Expungement Unit, P.O. Box 7068
• West Trenton, NJ 08628

This address is subject to change, so petitioners should always verify the current mailing address for the State Police Superintendent.

The State Police also note that petitions for a “clean slate” expungement under the new laws in 2019 should be clearly marked as such. This ensures the expungement is processed properly if granted.

Time Frame for Service

Section 2C:52-10 does not specify a time frame for serving the petition and documents. Rather, the timing is governed by the New Jersey Rules of Court.

Currently, Rule 1:6-3 requires service to be made within seven days after receiving the court’s Notice of Filing. This Notice is sent after the petition is filed with the court.

The petitioner should be sure to serve the documents within seven days of getting the Notice of Filing to comply with the rules. This ensures prompt service so the expungement process can move forward efficiently.

If service cannot be completed within seven days, the petitioner can ask the court for an extension. But the request should be made before the deadline passes.

Conclusion

While technical and complex, complying with the service requirements of Section 2C:52-10 is a critical step in securing an expungement in New Jersey. Proper service guarantees notice to all parties entitled to object or be heard on the petition. It helps prevent unnecessary delays or even reversal of expungements improperly granted. Understanding the rules around service can help ensure your expungement gets off to the right start.