In re Kollman

46 A.3d 1247, 210 N.J. 557, 2012 WL 2688767, 2012 N.J. LEXIS 767
CourtSupreme Court of New Jersey
DecidedJuly 9, 2012
StatusPublished
Cited by71 cases

This text of 46 A.3d 1247 (In re Kollman) 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 Kollman, 46 A.3d 1247, 210 N.J. 557, 2012 WL 2688767, 2012 N.J. LEXIS 767 (N.J. 2012).

Opinion

Chief Justice RABNER

delivered the opinion of the Court.

Millions of adults nationwide have criminal records that affect their reentry into society years after their sentence is complete. Criminal records can present barriers to employment, licensing, and housing, among other things.

To afford a second chance to one-time offenders convicted of less serious offenses, who have led law-abiding lives since conviction, the Legislature enacted a law that allows certain records to be expunged after ten years. N.J.S.A. 2C:52-2(a). In 2010, the Legislature amended the statute to broaden opportunities for expungement.

Under the revised law, defendants may apply for expungement five years after completing their sentence. N.J.S.A. 2G:52-2(a)(2). To decide whether expungement is in the “public interest” in those cases, as the statute requires, courts consider the “nature of the offense” as well as the applicant’s “character and conduct since conviction.” Ibid.

[563]*563In this appeal, we clarify the factors that courts may consider as part of that fact-sensitive inquiry. We also conclude that defendants seeking expungement have the burden of proof to demonstrate why their ease warrants relief under the statute’s public-interest prong.

Applying those standards to this case, we conclude that the motion for expungement was improperly denied. We therefore reverse the judgment of the Appellate Division, which affirmed the trial court. We also remand the case to the trial court for further proceedings.

I.

Beginning around February 2000, law enforcement officials investigated the sale of controlled dangerous substances (CDS) at a nightclub in Somers Point, New Jersey. On three separate occasions, undercover officers allegedly purchased ecstasy from petitioner Ronald C. Kollman, Jr. Kollman sold an officer ten white pills for $200 on the night of February 24, 2000. Hours later on February 25, 2000, Kollman allegedly sold five pills for $100 to another officer. A third officer also allegedly paid Koll-man $100 for five pills on April 20, 2000. According to police reports, all three officers identified Kollman as the seller from a photo, and lab testing confirmed that the pills were methylenedi-oxymethamphetamine, commonly referred to as MDMA or ecstasy-

The police arrested Kollman on June 22, 2000. He was later indicted for three counts of distribution of CDS, N.J.S.A. 2C:35-5(a)(1), three counts of possession of CDS with intent to distribute, N.J.S.A. 2C:35-5(a)(l), three counts of distribution of CDS within 500 feet of a public zone, N.J.S.A. 2C:35-7.1, and three counts of possession of CDS, N.J.S.A. 2C:35-10(a)(l). The three counts for each offense corresponded to the three undercover transactions.

Kollman pled guilty on January 16, 2001 to one count of third-degree distribution of CDS, contrary to N.J.S.A 2C:35-5(a)(l) and [564]*564N.J.S.A. 2C:35-5(b)(13).1 The plea related only to the sale of ecstasy on February 24, 2000. As part of a plea agreement, the State agreed to recommend (a) dismissal of the remaining charges in the indictment, and (b) a sentence of forty-five days in county jail and probation. The State also agreed not to pursue additional charges related to events at another nightclub in March 2000.

On March 2, 2001, the trial court sentenced Kollman to forty-five days in county jail (subject to daily reporting of at least two days per week, if eligible), a three-year period of probation, and various fines and penalties. Kollman was twenty-three years old at the time of sentencing.

After eighteen months, Kollman’s probation was terminated. He successfully completed all of the conditions of probation on September 13,2002.

Seven and one-half years later, on March 18, 2010, Kollman filed a petition to expunge his conviction. In support of his application, Kollman offered proof that he completed college and received a Bachelor of Science degree from the Richard Stockton College of New Jersey in May 2009. He also certified that he worked full-time while in school and had become active in various community service projects.

Petitioner also submitted twenty-one letters to the court. His employer for sixteen years described him as a hard-working leader and a role model to others. The employer credited Koll-man for accepting responsibility and taking steps to improve himself and deter others after his conviction. The District Director for the Boy Scouts of America praised Kollman and his family for hosting annual toy drives to help underprivileged families and teenagers with alcohol and drug abuse problems. Koll-[565]*565man also served on the district board of directors of a scholarship committee for scouting. Several other community groups submitted letters as well. In addition, various attorneys, friends, and family members wrote about Kollman’s strong character and personal growth in recent years.

In Kollman’s certification, he added that he had had no trouble with the law since his conviction—not even a speeding ticket. However, he explained that because of his criminal record, he could not teach a boating and safety certificate class, as he had done previously for three to four years, could not help coach wrestling at high school, as he had done before as well, and could not accept an offer to work with the Big Brothers Big Sisters program as a volunteer.

The State opposed Kollman’s petition. The State argued that Kollman had already received a benefit when the Court dismissed other charges against him, and that the circumstances and type of his offense, as well as the need for continued access to his criminal record, weighed against expungement of his drug conviction.

The trial judge denied the petition in a written decision. The court acknowledged Kollman’s positive activities and behavior since completing probation. Nonetheless, because of the relatively serious nature of the offense and the community’s right to be aware of it, the court concluded that expungement would not be consistent with the public interest.

Kollman appealed, and the Appellate Division affirmed the trial court’s ruling. The appellate panel agreed that Kollman had led “an exemplary and law-abiding life” since his conviction. After reviewing the trial court’s reasoning and conclusion, the panel explained that its task was not to substitute a different judgment for the trial court’s exercise of discretion. The Appellate Division found no abuse of discretion in the denial of Kollman’s petition.

The trial court and appellate panel each applied the newly amended expungement statute. They both ruled that under the revised law, the State had the burden to prove, by a preponder-[566]*566anee of the evidence, that expungement was not in the public interest. The Appellate Division reasoned that the prosecutor, as the public’s representative, should shoulder that burden.

We granted Kollman’s petition for certification. 207 N.J. 189, 23 A.3d 414 (2011). We also granted the motions of the Attorney General, the American Civil Liberties Union of New Jersey (ACLU) and the New Jersey Institute for Social Justice (NJISJ) (who filed a joint request), and Legal Services of New Jersey (LSNJ) to participate as amicus curiae.

II.

Kollman argues that he met the criteria for expungement outlined in N.J.S.A.

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Cite This Page — Counsel Stack

Bluebook (online)
46 A.3d 1247, 210 N.J. 557, 2012 WL 2688767, 2012 N.J. LEXIS 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kollman-nj-2012.