In re T.B.

199 A.3d 744, 236 N.J. 262
CourtSupreme Court of New Jersey
DecidedJanuary 8, 2019
DocketA-18/19/20 September Term 2017; 079813
StatusPublished
Cited by11 cases

This text of 199 A.3d 744 (In re T.B.) 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 T.B., 199 A.3d 744, 236 N.J. 262 (N.J. 2019).

Opinion

CHIEF JUSTICE RABNER delivered the opinion of the Court.

**265With the strong support of all three branches of government, the court system has operated a drug court program for more than two decades. Defendants who participate in the program undergo a period of intensive supervision for up to five years. During that time, they are monitored closely by a team of treatment providers, probation officers, substance abuse evaluators, public defenders, prosecutors, and court staff. A trial judge heads the team.

Drug court is designed to rid participants of drug dependency, help them develop skills and get job experience, encourage them to continue their education, and equip them to advance in other ways. At its core, the program tries to keep participants drug free and empower them to lead productive lives.

According to the Administrative Office of the Courts, more than 5400 individuals have successfully completed drug court since 2002, when the program went operational statewide. Administrative Office of *746the Courts, New Jersey Adult Drug Court Program: New Jersey Statistical Highlights (Aug. 6, 2018), https://www.njcourts.gov/courts/assets/criminal/njstats.pdf. Nine out of ten participants are employed when they graduate. Ibid. Two out of three have a driver's license at graduation. Ibid. More than half have medical benefits. Ibid. And participants must have clean drug tests for one continuous year to be able to graduate. Administrative Office of the Courts, Manual for Operation of Adult Drug Courts in New Jersey (Drug Court Manual ) 42 (July 2002), https://www.njcourts.gov/courts/assets/criminal/dctman.pdf. **266In 2016, the Legislature expanded opportunities for expungement for successful drug court graduates. They may now apply for the expungement of "all records and information relating to all prior arrests, detentions, convictions, and proceedings." N.J.S.A. 2C:35-14(m)(1). The law does not allow certain serious offenses to be expunged, however. See id. §§ 35-14(m)(2); 52-2(b), (c). In these consolidated appeals, we consider how the expungement statute for drug court graduates applies to individuals convicted of certain third- or fourth-degree offenses related to the sale and distribution of drugs.

We find that the plain language of the new law requires judges to determine whether expungement would be consistent with the public interest. See id. §§ 35-14(m)(2); 52-2(c)(3). In light of the statute's overall approach, which generally favors expungement in a number of ways, and the rigorous nature of the drug court program, we conclude that successful graduates who have committed certain offenses and apply for expungement are entitled to a rebuttable presumption that expungement is consistent with the public interest. Prosecutors, who play an integral role in drug court, become familiar with graduates from years of intensive supervision in the program. Prosecutors can draw on their knowledge of an applicant's character and conduct since conviction, as well as other information, to try to rebut the presumption.

The above approach is consistent with our understanding of the Legislature's intent. It also simplifies the expungement process for drug court graduates to allow them to try to reintegrate into society without the collateral consequences of a criminal record.

Because the Appellate Division applied a different standard, we reverse its judgment and remand the three cases to the trial court for further proceedings.

I.

To better understand the parties' arguments and the rulings of the trial court and Appellate Division, we begin with an overview of relevant parts of the statutory scheme for expungement.

**267A.

Expungement offers a second chance to rehabilitated offenders who have made a commitment to lead law-abiding lives. As the Legislature explained, the expungement statutes should

be construed with the primary objective of providing relief to the reformed offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby persistent violators of the law or those who associate themselves with continuing criminal activity have a regular means of expunging their police and criminal records.
[ N.J.S.A. 2C:52-32.]

The relevant statutes have evolved over time and have steadily expanded opportunities for expungement. See In re J.S., 223 N.J. 54, 66-71, 121 A.3d 322 (2015) (detailing *747revisions to the expungement statutes from 1931 forward). For several decades prior to 2010, the general expungement statute, codified in part at N.J.S.A. 2C:52-2(a), made expungement "presumptively available for certain offenses after ten years" provided the applicant had no other criminal convictions. In re Kollman, 210 N.J. 557, 569, 46 A.3d 1247 (2012) ; In re LoBasso, 423 N.J. Super. 475, 488, 33 A.3d 540 (App. Div. 2012).

In 2010, the Legislature amended the law and provided for expungement after five years if the applicant has not been convicted of a crime or an offense since the conviction "and the court finds ... that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction." Kollman, 210 N.J. at 570-71, 46 A.3d 1247 (quoting N.J.S.A. 2C:52-2(a)(2) (2010) (amended 2017) ).1

**268Some crimes are not eligible for expungement. Section 2(b) of the general expungement statute lists categories of serious offenses that cannot be expunged, like homicide, kidnapping, aggravated sexual assault, robbery, and certain offenses against minors. N.J.S.A. 2C:52-2(b).

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199 A.3d 744, 236 N.J. 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tb-nj-2019.