IN THE MATTER OF THE EXPUNGEMENT OF THE ARREST/CHARGE
RECORDS OF T.B./J.N.-T./ R.C.
A-1516-16T1/A-1517-16T1/A-1518-16T1(CONSOLIDATED)
The court considers whether Drug Court graduates seeking to expunge their criminal records pursuant to N.J.S.A. 2C:35-14(m) — the "Drug Court expungement statute," L. 2015, c. 261, §1 — must make a "public interest" showing as N.J.S.A. 2C:52-2(c)(3) requires for the expungement of certain third- and fourth-degree drug offenses. Based on the statute's plain language and legislative history, the court concludes that N.J.S.A. 2C:35-14(m)(2) imports the public interest requirement under N.J.S.A. 2C:52-2(c)(3). The court therefore vacates orders expunging the three applicants' criminal records and remands for application of the public interest test in light of In re Kollman, 210 N.J. 557 (2012), which applied the test to an expungement petition under Chapter 52.
