2C:52-14 - Grounds for denial of relief - New Jersey Statutes

2C:52-14  Grounds for denial of relief.

2C:52-14.  A petition for expungement filed pursuant to this chapter shall be denied when:

a.Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief.

b.The need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in this chapter.  An application may be denied under this subsection only following objection of a party given notice pursuant to 2C:52-10 and the burden of asserting such grounds shall be on the objector, except that in regard to expungement sought for third or fourth degree drug offenses pursuant to paragraph (3) of subsection c. of N.J.S.2C:52-2, the court shall consider whether this factor applies regardless of whether any party objects on this basis.

c.In connection with a petition under section 2C:52-6, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges.  This bar, however, shall not apply once the conviction is itself expunged.

d.The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body.

e.A person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition.  This provision shall not apply:

(1)When the person is seeking the expungement of a municipal ordinance violation or,

(2)When the person is seeking the expungement of records pursuant to section 2C:52-6.

f.The person seeking the relief of expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense has prior to or subsequent to said conviction been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversion program.

Amended 2009, c.188, s.3.