Wednesday, December 4, 2019

No Expungement for Endangering Convictions in New Jersey (sexual or non-sexual convictions).


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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