IN THE MATTER OF THE APPLICATION FOR EXPUNGEMENT OF THE CRIMINAL RECORDS OF MARINO LOBASSO A-3577-10T4
We affirmed an order denying expungement of a third-degree eluding conviction after five years. Appellant relied on L. 2009, c. 188, § 1, codified at N.J.S.A. 2C:52-2a(2), which reduced the waiting period for expunging certain criminal convictions from ten to five years provided the court finds "in its discretion 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." Construing the new law, we concluded that expungement before ten years is reserved for compelling but not necessarily rare or unusual cases. We held that a trial court should weigh case-specific facts regarding the nature of the offense, the offender's character and conduct, and other relevant factors. Related to an "offender's character and conduct," a trial court may consider facts of an arrest that did not result in conviction, if supported by cognizable evidence. Regarding the "nature of the offense," a trial court may consider the grade of the offense, and related circumstances. Additionally, a trial court may consider: whether the petitioner engaged in activities post-conviction to limit the risk of re-offending; the petitioner's character and conduct before conviction; and the conviction record's impact on the petitioner's "reentry" efforts. 01-10-12
