BAD
NEWS FOR PERSONS CONVICTED OF ENDANGERINNG CHARGES OF A SEXUAL OR NON-SEXUAL
NATURE.
In the recent decision, State of New Jersey v. N.T. (December
4, 2019), the Appellate Division in a decision affirmed the denial of a
petitioner seeking an expungement for an endangering the welfare of a
child (Title 9, non-sexual conviction). The denial of an expungement is pursuant
to statute, and until the New Jersey legislature amends the law, persons
convicted of these offenses are barred from obtaining an expungment of the
conviction.
The decision is troubling because it also bars the expungement
of a non-sexual endangering conviction (Title 9), as well as sexual endangering convictions.
In this case the defendant was intoxicated on the beach and went into
the water where she was having trouble in the water because of her
intoxication. The prosecutor charged her
with endangering because her intoxication and her inability to swim without
assistance, caused her “child distress.”
Hence, the basis of the endangering charge. (Give me a break what a frivolous
charge by the county prosecutor).
The defendant entered the drug court program which allows
expungement of arrest and conviction after successful graduation of the
program, the trial court denied the expungement which was affirmed by the
appellate court in this decision.
This criminal law information was provided as
a public service by the Law Office of Vincent J. Sanzone, Jr., Esq. A competent and experiences New Jersey
Criminal Defense Attorney and trial lawyer with proven results for dismissals
and acquittals, and not guilty verdicts.
Providing best practices legal defense and serving all counties in federal,
state and municipal court. Elizabeth,
Newark, Jersey City, New Brunswick, Paterson, Hackensack, Trenton, Toms River,
Freehold, Somerville, Mount Holly.
Law Office of Vincent J. Sanzone, Jr., Esq.
(908) 354-7006
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