In re J.S.

121 A.3d 322, 223 N.J. 54
CourtSupreme Court of New Jersey
DecidedAugust 10, 2015
StatusPublished
Cited by22 cases

This text of 121 A.3d 322 (In re J.S.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re J.S., 121 A.3d 322, 223 N.J. 54 (N.J. 2015).

Opinions

Justice PATTERSON

delivered the opinion of the Court.

These appeals present a question of statutory interpretation. The Court construes N.J.S.A. 2C:52-2(a), a component of the statutory scheme that authorizes the expungement of the records of certain criminal convictions under conditions established by the Legislature. That provision permits the expungement of a convic[59]*59tion for certain indictable offenses if the petitioner “has been convicted of a crime ... and ... has not been convicted of any prior or subsequent crime[.]” N.J.S.A. 2C:52-2(a). The Court determines whether the statutory language bars expungement of the convictions of a defendant who pleads guilty in a single proceeding to multiple offenses that were committed within a short period of time.

Petitioner J.S. pled guilty to two drug offenses committed within five days of one another. Petitioner G.P.B. pled guilty to four offenses arising from his attempt, in several communications over a two-day period, to offer political contributions to public officials in exchange for an award of public contracts or a negative vote on a municipal resolution. After serving their sentences, both petitioners sought expungement of their criminal records. In each proceeding, the trial court granted the expungement petition, reasoning that each petitioner’s closely-related offenses constituted a single “crime” within the meaning of N.J.S.A 2C:52-2(a). In each case, an appellate panel reversed the trial court’s determination, construing N.J.S.A. 2C:52-2(a) to bar expungement when the petitioner committed multiple offenses on separate occasions, even when those offenses occurred in quick succession.

We affirm the Appellate Division’s decisions in both appeals. We construe the plain language of N.J.S.A 2C:52-2(a) to preclude expungement when the petitioner has been convicted of multiple crimes, even when those crimes occurred within a short span of time. Our interpretation of N.J.S.A. 2C:52-2(a) is supported by the Legislature’s decision to amend the statute following an Appellate Division decision that permitted expungement of multiple convictions arising from a short-term “spree” of offenses. We conclude that, as it is currently drafted, N.J.S.A. 2C:52-2(a) does not authorize expungement of the criminal records of individuals who are in the position of petitioners. If the Legislature determines that expungement should be available to such individuals, it can amend the statute to clarify its intent in that regard.

[60]*60I.

A.

J.S. is a thirty-four-year-old former New Jersey resident, who now lives in Florida. Before moving, he worked as a manager in the health care field. In June 2000, when J.S. was a sophomore at Kean University, he was arrested after twice selling marijuana to an undercover police officer during a five-day period. The first sale occurred on June 16, 2001, and involved 25.2 grams of marijuana. The second sale occurred on June 21, 2001, and involved 100 grams of marijuana.1

J.S. was arrested and charged with a total of nine offenses: one count of second-degree distribution of a controlled dangerous substance (CDS) while on or within five hundred feet of a public park, N.J.S.A. 2C:35-7.1(a); two counts of third-degree possession of a CDS with intent to distribute while on or within 500 feet of a public park, N.J.S.A 2C:35-7.1(a); one count of third-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(11); one count of third-degree distribution of a CDS, N.J.S.A. 2C:35~5(b)(11); one count of third-degree distribution of a CDS while on or within 500 feet of a public park, N.J.S.A. 2C:35-7.1(a); one count of fourth-degree possession of a CDS with intent to distribute, N.J.S.A. 2C:35-5(b)(12); one count of fourth-degree distribution of a CDS, N.J.S.A. 2C:35-5(b)(12); and one count of fourth-degree possession of a CDS, N.J.S.A. 2C:35-10(a)(3). J.S. was also issued a summons charging him with two counts of disorderly persons marijuana possession, N.J.S.A. 2C:35-10(a)(4). Four of the charges arose from J.S.’s sale of marijuana on June 16, 2001, and the remaining five charges arose from J.S.’s sale of marijuana on June 21, 2000.

[61]*61On May 29, 2001, J.S. pled guilty to a fourth-degree distribution charge, arising from his June 16, 2001 sale of marijuana, and to a third-degree distribution charge, arising from his June 21, 2000 sale of marijuana. Thus, J.S.’s convictions arose from two drug distribution offenses that involved small quantities of marijuana and occurred five days apart. J.S. was sentenced to a three-year term of noncustodial probation. He completed his sentence on February 8, 2007, and has paid the fees assessed by the sentencing court.

Five years after completing his sentence, J.S. filed the expungement petition that is the subject of this appeal. He stated in his supporting affidavit that he was interested in pursuing a nursing degree, but had not yet applied to nursing school because he anticipated that his criminal record would bar a career in nursing. The State opposed the petition, arguing that J.S. was not eligible for expungement because his convictions arose from two offenses committed five days apart.

The trial court held a hearing and granted J.S.’s expungement petition. It reasoned that J.S.’s two offenses constituted a “single spree,” and that under the Appellate Division’s decision in In re Fontana, 146 N.J.Super. 264, 267, 369 A.2d 935 (App.Div.1976), those offenses constituted a solitary “crime.” The trial court concluded that J.S. had no conviction for a “prior or subsequent crime” for purposes of N.J.S.A. 2C:52-2(a).

Because only five years had passed since the completion of J.S.’s sentence of probation, he was ineligible for expungement under the original version of N.J.S.A 2C:52-2(a), which mandates a ten-year period before an offender may seek expungement. Instead, the trial court granted J.S.’s petition under two provisions added to the statute in a 2010 amendment. See L. 2009, c. 188. The court found that J.S. satisfied the “public interest” prong of N.J.S.A. 2C:52-2(a)(2), which requires “the passage of five years[,] no additional convictions[,] and a finding that expungement is in the public interest,” In re Kollman, 210 N.J. 557, 571, 46 A.3d 1247 (2012). The trial court also relied on N.J.S.A. 2C:52-2(c), [62]*62which permits expungement of a conviction for the sale of twenty-five grams of marijuana or less despite the general bar on expungement of convictions “for the sale or distribution of a [CDS] or possession thereof with intent to sell[.]” N.J.S.A. 2C:52-2(e)(l). The court ordered that J.S.’s criminal record be expunged, subject to limitations and exceptions set forth in the expungement statute, N.J.S.A. 2C:52-1 to -32.

The State appealed. In an unpublished opinion, the Appellate Division reversed the trial court’s order of expungement. The panel held that the trial court had improperly relied on Fontana, supra, 146 N.J.Super. at 267, 369 A.2d 935, because Fontana applied an earlier version of the expungement statute, N.J.S.A

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Bluebook (online)
121 A.3d 322, 223 N.J. 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-js-nj-2015.