New Jersey’s Expungement Law: Obligations of the County Prosecutor

New Jersey’s expungement law, found in Section 2C:52 of the New Jersey Code of Criminal Justice, allows individuals convicted of certain crimes to have their criminal records expunged after a period of time. One section of the law, 2C:52-24, places an important obligation on county prosecutors when it comes to expungement petitions. This article will explain what Section 2C:52-24 requires of county prosecutors and why it is an important part of the expungement process.

Overview of Expungement in New Jersey

Expungement is the process of having your criminal record sealed from public view. While the records still exist in the court system and law enforcement databases, expunged records are removed from background checks done by potential employers, landlords, etc.

To be eligible for expungement in New Jersey, you must meet certain requirements based on the type of offense. For indictable offenses (more serious crimes), you must wait 10 years from the date of conviction, completion of probation, or release from incarceration, whichever is latest. There are exceptions that allow expungement sooner for certain non-violent crimes. For lesser disorderly persons offenses, the waiting period is 5 years.

Once eligible, you must file a petition for expungement in Superior Court in the county where the offense occurred. The petition is served to various government agencies, like the State Police and Attorney General, who can object to the expungement if there is a legal reason. There is then a hearing where the judge decides whether to grant the expungement.

What Does Section 2C:52-24 Require?

Section 2C:52-24 places an important obligation on the county prosecutor’s office when it comes to expungement petitions. It states:

“Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein any petition for expungement is filed to verify the accuracy of the allegations contained in the petition for expungement and to bring to the court’s attention any facts which may be a bar to, or which may make inappropriate the granting of, such relief.”

In plain English, this section requires county prosecutors to double-check expungement petitions for accuracy. They cannot simply rely on the required notices sent out about the petition. Prosecutors must look into the facts of the case and make sure there are no legal reasons why expungement should not be granted.

If the prosecutor finds any inaccurate statements or discovers any disqualifying information about the petitioner’s criminal history, they must inform the court. This allows the judge to make a fully informed decision about whether expungement is appropriate.

Why Is This Obligation Important?

Placing this obligation on prosecutors serves a few important purposes:

• Ensures accuracy – It acts as a safeguard against petitions that contain errors or omissions about the petitioner’s criminal record. The prosecutor has access to full court and law enforcement records to verify eligibility.
• Surfaces disqualifying info – Prosecutors may uncover past convictions, active charges in other counties, or other factors the petitioner did not disclose that might legally bar expungement. This protects the integrity of the process.
• Provides a check – The prosecutor’s independent review balances the scales by presenting any negative information to the court, rather than relying solely on the petitioner’s account.
• Caution against fraud – Some petitioners may intentionally omit information to appear eligible when they are not. Prosecutors help detect potential fraud or exploitation of the expungement process.

While prosecutors are not obligated to object in every case, Section 2C:52-24 provides an important safeguard to ensure expungements are granted properly and legally. Petitioners still have the right to be heard on their own behalf at the expungement hearing.

Expungement Denials and the Prosecutor’s Role

If a county prosecutor objects to an expungement petition under Section 2C:52-24, it does not automatically mean the petition will be denied. The court still weighs all the evidence at the hearing and makes the final ruling.

However, prosecutors play an influential role when they object. Some common reasons a prosecutor may object include:

• The petitioner has not waited the full mandatory waiting period
• The offense is not eligible for expungement under the statute
• The petition contains inaccurate or omitted information
• The petitioner has pending charges or other active issues

The court relies heavily on prosecutors having reviewed the facts and law to point out potential problems. But petitioners have the right to argue against the prosecutor’s objections at the hearing.

If the judge denies the expungement after a prosecutor’s objection, the petitioner can file again at a later date if the disqualifying circumstances change. However, it is an uphill battle to overcome a prosecutor’s objections.