New Jersey’s Strange “No Objection” Expungement Denial Law

New Jersey has some quirky laws when it comes to expunging criminal records. One of the strangest is Section 2C:52-12, which allows a judge to deny expungement even if no one objects to it! Let’s break this down and see why it doesn’t seem to make much sense.

First, what is expungement? It’s the process of having your criminal record sealed from public view. Many states offer expungement for certain crimes, especially non-violent offenses, after a period of time has passed. The goal is to give people a second chance rather than having a minor mistake haunt them forever.

In New Jersey, you can file a petition for expungement after 10 years have passed since completing your sentence. The court then notifies the prosecution, State Police, and any victims involved in the case. They have a chance to object if they think expungement shouldn’t be granted.

Here’s where things get weird. Section 2C:52-12 says that even if no one objects, the judge can still deny expungement “if it concludes that petitioner is not entitled to relief for the reasons provided in section 2C:52-14.”

Huh? Let’s take a look at 2C:52-14. It lists reasons like not fulfilling prerequisites, the records needing to stay available, or getting a plea deal involving other convictions.

But weren’t those things supposed to be brought up through objections? If no one thinks my expungement should be denied for any of those reasons, why does the judge still get to use them to reject my petition?

This “no objection” denial seems to undermine the whole process. It’s like telling someone “No one thinks you should be punished, but I’m still going to punish you just because I can.” That really doesn’t seem fair or make much sense.

Defense lawyers have argued that this law is unconstitutional. It takes discretion away from prosecutors who deliberately choose not to object. It also prevents people from having a fair chance at expungement if a judge wants to deny it without cause.

Sadly, the New Jersey Supreme Court upheld the law in 2017. Their reasoning was that judges should have the discretion to consider all the circumstances, regardless of the lack of objections. But allowing denials without objections still seems questionable at best.

At the end of the day, Section 2C:52-12 remains on the books. It means that even if you dot every “i” and cross every “t” in your expungement petition, a judge can still reject it based on their own unspecified assessment. All you can do is hope the judge decides in your favor – no objections or not.

So if you’re seeking expungement in New Jersey, make sure your petition is air tight. Get an experienced lawyer, comply with prerequisites, and hope any judge assigned will be expungement-friendly. It’s an uphill battle thanks to vague laws like 2C:52-12. But with commitment and luck, you can still get that fresh start you’ve earned.