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Saturday, January 16, 2021

In re Petition for Expungement of the Criminal Record¬Belonging to T.O. (084009)(Hudson County & Statewide) (A-55-19; 084009)

 In re Petition for Expungement of the Criminal Record¬Belonging to T.O. (084009)(Hudson County & Statewide) (A-55-19; 084009)

Pardons remove legal disabilities linked to the conviction itself but do not erase the underlying facts of an offense. Here, T.O. faced a statutory bar that prevented him from being eligible for expungement. That legal disability came into play solely because of his prior convictions. The pardon -- which removed the legal disabilities that arose from those convictions -- therefore dissolved the statutory bar. With the bar removed, T.O. is eligible to be considered for expungement on the merits. In light of the State’s concession and the trial court’s agreement that T.O. would qualify for expungement in the absence of a statutory bar, the Court grants T.O.’s petition for expungement.