In the Matter of the Expungement of the Criminal Records of S.M.U.
Petitioner appealed the denial of expungement of his criminal records. Petitioner worked at hospital; he admitted sexual assault of a patient and pled guilty to fourth-degree criminal sexual contact.
Trial court found petitioner was presumptively eligible for expungement but denied the application because the need for the availability of the records outweighed the need for expungement under N.J.S.A. 2C:52-14(b). State argued employers in the medical community needed to know what petitioner did, he abused a position of trust and his record had to be available because of petitioner's lifelong interest in the medical profession. Trial court found State met its burden. Court found no abuse in trial court's exercise of discretion.
Affirmed on appeal
Source NJLJ June 17, 2021
IN THE MATTER OF THE EXPUNGEMENT