DWI can be asleep with engine running State v Speranza

DWI can be asleep with engine running State v. Speranza, Appellate Division, Per Curiam. Defendant appealed from his DWI conviction. Defendant's conviction stemmed from an incident in which police responded to a report of an unconscious male in a vehicle at an intersection. The responding officer found defendant asleep in the driver's seat of his car, which was sitting at an intersection with the engine running. The officer was unable to rouse defendant, forcing him and other responding officers to drag defendant out of his vehicle. Defendant eventually came to, telling the officers that he had come from a friend's house but did not know where he was. The parties stipulated that defendant was intoxicated when police found him. The municipal court accordingly convicted defendant, finding that he was "operating" his car within the meaning of the DWI statute. Defendant appealed to the trial court, which conducted a trial de novo in which it rejected defendant's argument that he did not "operate" his car. The trial court held that defendant intended to operate his vehicle because he was sitting in the driver's seat with the engine running. On appeal, the court affirmed defendant's conviction, ruling that a vehicle did not need to be seen in motion to trigger liability under the DWI statute. Instead, it was enough that a defendant had the possibility to move their vehicle by sitting in the car with the engine running. Daily Briefing - 09-23-21NOT APPROVED FOR PUBLICATION

Convictions that cannot be expunged

Convictions that cannot be expunged DWI and traffic offenses Domestic Violence Restraining Orders Federal charges including Sandy Hook Out of state criminal charges Any Criminal Homicide (Murder) (N.J.S.A. 2C:11-1, et seq.) except for Death by Auto (N.J.S.A. 2C:11-5) Kidnapping and Related Offenses • Kidnapping (N.J.S.A. 2C:13-1) • Luring or Enticing (N.J.S.A. 2C:13-6) • Human Trafficking (N.J.S.A. 2C:13-6) Sexual Offenses • Sexual Assault or Aggravated Sexual Assault (N.J.S.A. 2C:14-2) • Aggravated Criminal Sexual Contact (N.J.S.A. 2C:14-3a) Robbery (N.J.S.A. 2C:15-1) Arson & Related Offenses (N.J.S.A. 2C:17-1) Endangering the Welfare of Children • Criminal Sexual Contact if the victim is a minor (N.J.S.A. 2C:14-3b) • Criminal Restraint or False Imprisonment if the victim is a minor and you are not the parent of the victim (N.J.S.A. 2C:13-2; N.J.S.A. 2C:13-3) • Endangering the Welfare of a Child by engaging in sexual conduct which would impair or debauch the morals of the child or cause other harm (N.J.S.A. 2C:24-4a) • Photographing or filming a child in a prohibited sexual act (N.J.S.A. 2C:24-4b(4)) • Causing or permitting a child to engage in a prohibited sexual act (N.J.S.A. 2C:24-4b(3)) • Distribution, possession with the intent to distribute, or using a file-sharing program to store child pornography (N.J.S.A. 2C:24-4b(5)(a)) • Possessing items depicting the sexual exploitation or abuse of a child (N.J.S.A. 2C:24-4b(5)(b)) • Knowingly promoting the prostitution of the actor's child (N.J.S.A. 2C:34-1b(4)) Perjury & False Swearing (N.J.S.A. 2C:28-1; N.J.S.A. 2C:28-2) Terrorism (N.J.S.A. 2C:38-2) Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices and (N.J.S.A. 2C:38-3) Also, conspiracies or attempts to commit any of the above crimes. Abuse of Public Office Records of conviction of ANY crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office. Certain Drug Offenses Convictions for sale or distribution of drugs, or possession with intent to sell cannot be expunged, except in cases where the crimes involve: • Marijuana, where the total quantity sold, distributed, or possessed with intent to sell was 25 grams or less; or • Hashish, where the total quantity sold, distributed, or possessed with intent to sell was 5 grams or less. There is now an exception to the some drug convictions. A conviction for third degree and fourth degree crimes involving sale or distribution of drugs, or possession with intent to sell may be expunged if the court finds that expungement is in the public interest, considering the nature of the offense and the character and conduct of the petitioner since conviction. In such cases, the court must also consider whether the need to keep the records outweighs the desire to free the applicant of the burden of their criminal record. Certain Convictions Prior to September 1, 1979 Convictions of the following prior to September 1, 1979 are also non-expungeable: • Murder • Manslaughter • Treason • Anarchy • Kidnapping • Rape • Forcible sodomy • Arson • Perjury • False swearing • Robbery • Embracery or a conspiracy or any attempt to commit same • Aiding, assisting or concealing persons accused of the foregoing crimes. Source with helpful info https://www.lsnjlaw.org/Pages/a2j/exp... Offenses no expungement 2C:52-2.... c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve: (1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was less than one ounce;

COURT RULE 1:9. SUBPOENAS

COURT RULE 1:9. SUBPOENAS

Rule 1:9-1. For attendance of witnesses; forms; issuance; notice in lieu of subpoena

A subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk or as provided by R. 7:7-8 (subpoenas in certain cases in the municipal court). It shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. If the witness is to testify in a criminal action for the State or an indigent defendant, or has been subpoenaed by a Law Guardian in an action brought by the Division of Child Protection and Permanency pursuant to Title 9 or Title 30 of the New Jersey Statutes, the subpoena shall so note, and shall contain an order to appear without the prepayment of any witness fee. The testimony of a party who could be subpoenaed may be compelled by a notice in lieu of subpoena served upon the party's attorney demanding that the attorney produce the client at trial. If the party is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before trial. The sanctions of R. 1:2-4 shall apply to a failure to respond to a notice in lieu of a subpoena.

Note: Source-R.R. 3:5-10(a)(b), 4:46-1, 6:3-7(a), 7:4-3 (second paragraph), 8:4-9(a)(b); caption and text amended November 27, 1974 to be effective April 1, 1975; amended July 13, 1994 to be effective September 1, 1994; amended January 5, 1998 to be effective February 1, 1998; amended July 28, 2017 to be effective September 1, 2017.

Rule 1:9-2. For Production of Documentary Evidence and Electronically Stored Information; Notice in Lieu of Subpoena

A subpoena or, in a civil action, a notice in lieu of subpoena as authorized by R. 1:9- 1 may require production of books, papers, documents, electronically stored information, or other objects designated therein. The court on motion made promptly may quash or modify the subpoena or notice if compliance would be unreasonable or oppressive and, in a civil action, may condition denial of the motion upon the advancement by the person in whose behalf the subpoena or notice is issued of the reasonable cost of producing the objects subpoenaed. The court may direct that the objects designated in the subpoena or notice be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit them or portions of them to be inspected by the parties and their attorneys and, in matrimonial actions and juvenile proceedings, by a probation officer or other person designated by the court. Except for pretrial production directed by the court pursuant to this rule, subpoenas for pretrial production shall comply with the requirements of R. 4:14-7(c).

Note: Source-R.R. 3:5-10(c), 4:46-2, 6:3-7(b), 7:4-3 (second paragraph), 8:4-9(c); amended November 27, 1974 to be effective April 1, 1975; amended June 29, 1990 to be effective September 4, 1990; caption and text amended July 27, 2006 to be effective September 1, 2006.

Rule 1:9-3. Service

A subpoena may be served by any person 18 or more years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named together with tender of the fee allowed by law, except that if the person is a witness in a criminal action for the State or an indigent defendant, the fee shall be paid before leaving the court at the conclusion of the trial by the sheriff or, in the municipal court, by the clerk thereof. A subpoena which seeks only the production of documents or records may be served by registered, certified or ordinary mail and, if served in that manner, shall be enforceable only upon receipt of a signed acknowledgment and waiver of personal service.

Note: Source-R.R. 3:5-10(b) (last sentence), 3:5-10(d), 4:46-3, 5:2-2, 6:3-7(c), 7:4-6(a) (last sentence), 8:4- 9(d); amended July 13, 1994 to be effective September 1, 1994; amended August 1, 2016 to be effective September 1, 2016.

Rule 1:9-4. Place of service

A subpoena requiring the attendance of a witness at a hearing in any court may be served at any place within the State of New Jersey.

Note: Source-R.R. 3:5-10(c), 6:3-7(d), 7:4-6(b), 8:4-9(e). Rule 1:9-5. Failure to appear

Failure without adequate excuse to obey a subpoena served upon any person may be deemed a contempt of the court from which the subpoena issued.

Note: Source-R.R. 3:5-10(f), 6:3-7(e), 8:4-9(f); amended July 13, 1994 to be effective September 1, 1994. Rule 1:9-6. Enforcement of subpoena of public officer or agency

(a) Ex Parte Application for Compliance. Where by statute a public officer or agency may apply ex parte to the court to compel a person to testify or to produce or file books, papers, documents or other objects in accordance with the subpoena or direction of the officer or agency, or to refrain from certain misconduct, the application may be made by motion supported by affidavit. The court may order the person to appear before the officer or agency and there to proceed as may be directed in the order.

(b) Application for Compliance on Notice. If in such a case the statute does not provide for an application ex parte, an order to show cause may issue on the motion and supporting affidavit. The order shall be made returnable in not less than 2 nor more than 10 days, requiring such person to show cause before the court why the subpoena or other direction should not be complied with or such misconduct refrained from, and upon the return of the order the court shall afford the person an opportunity to be heard under oath. The court may order a person determined by it to have failed, without justification, to obey the subpoena or other direction, answer a proper question, produce any such thing, or to

have been guilty of misconduct, to appear before the officer or agency at a time or times and place mentioned in the order and there to proceed as may be directed in the order.

(c) Application for Sanctions. Where a statute provides that failure of a person to obey a subpoena or order of a public officer or administrative agency or a receiver, to testify, to answer a proper question, or to produce books, papers, documents or other objects, or that misconduct on the part of a person attending a hearing, shall be punishable by the court in the same manner as like failure or misconduct is punishable in an action pending in the court, the matter shall be brought before the court by motion supported by affidavit stating the circumstances. Upon the motion the court may issue an order to show cause, returnable in not less than 2 nor more than 10 days, requiring the person to show cause before the court why punishment should not be ordered; or the court may issue an attachment. If the court determines that the failure or misconduct above mentioned was without justification, it may punish as for a contempt of court.

Note: Source-R.R. 4:46-5(a)(b)(c); paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994.

State v Gonzalez DWI affirmed where driver slumped behind wheel

State v Gonzalez DWI affirmed where driver slumped behind wheel Defendant appealed his DWI conviction and sentence. Witness reported car was stopped at a light, did not move when light changed and driver appeared to be slumped over the wheel. Officers found defendant asleep in the driver's seat, car was in gear and defendant had his foot on the brake. Officers managed to wake defendant up and the car lurched forward, almost striking officer. Officers detected a strong odor of alcohol, noticed defendant had a flushed face and watery eyes and video showed him swaying as he exited the vehicle. Defendant alleged a leg injury prevented him from performing some of the field sobriety tests and he failed to follow the instructions for the "alphabet test." Officers administered an Alcotest breath test at the police station following defendant's arrest. Municipal court denied defendant's motion to suppress the Alcotest results and found defendant guilty. Law Division rejected defendant's claim that police did not have probable cause to arrest him. Court agreed there was probable cause to arrest defendant and to convict him based on witness's observations alone, Alcotest was properly administered and he was not entitled to be sentenced under the amendment. Source https://www.law.com/njlawjournal/almID/1632512174NJA436619

State v Gonzalez DWI affirmed where driver slumped behind wheel

 State v Gonzalez DWI affirmed where driver slumped behind wheel

Defendant appealed his DWI conviction and sentence. Witness reported car was stopped at a light, did not move when light changed and driver appeared to be slumped over the wheel. Officers found defendant asleep in the driver's seat, car was in gear and defendant had his foot on the brake. Officers managed to wake defendant up and the car lurched forward, almost striking officer. Officers detected a strong odor of alcohol, noticed defendant had a flushed face and watery eyes and video showed him swaying as he exited the vehicle. Defendant alleged a leg injury prevented him from performing some of the field sobriety tests and he failed to follow the instructions for the "alphabet test." Officers administered an Alcotest breath test at the police station following defendant's arrest. Municipal court denied defendant's motion to suppress the Alcotest results and found defendant guilty. Law Division rejected defendant's claim that police did not have probable cause to arrest him. Court agreed there was probable cause to arrest defendant and to convict him based on witness's observations alone, Alcotest was properly administered and he was not entitled to be sentenced under the amendment. Source https://www.law.com/njlawjournal/almID/1632512174NJA436619

STATE OF NEW JERSEY VS. ANTHONY SCUDIERI (20-004, MONMOUTH COUNTY AND STATEWIDE) (A-0352-20)

 STATE OF NEW JERSEY VS. ANTHONY SCUDIERI (20-004, MONMOUTH COUNTY AND STATEWIDE) (A-0352-20)

In this appeal, the court held that the Legislature intended prospective application of the amended refusal statute, N.J.S.A. 39:4-50.4a. That intent was manifested by the Legislature's express statement that the amended legislation—which imposed on all defendants convicted of refusal the less onerous penalty of installing an interlock device rather than forfeiting his or her license as mandated by the former statute—would become effective on December 1, 2019, over four months after it was signed into law, and apply only to those defendants who committed an offense on or after that date. That unequivocal legislation pronouncement militates against retroactive application even for defendants who were sentenced after December 1, 2019.

In such circumstances, courts need not consider the common law exceptions to the presumption of prospective application as discussed in Gibbons v. Gibbons, 86 N.J. 515 (1981) and James v. New Jersey Manufacturers Ins. Co., 216 N.J. 552 (2014), nor the timing of the penalty incurred under the general savings statute, N.J.S.A. 1:1–15. The Legislature's determination that interlock devices serve as a greater deterrent than license forfeiture supports the conclusion that the amended legislation was neither ameliorative nor curative, in any event.

PROCESSES TO OBTAIN A CERTIFICATION OF EXPUNGEMENT FOR CERTAIN MARIJUANA AND HASHISH CASES IN ACCORDANCE WITH THE MARIJUANA DECRIMINALIZATION LAW

 PROCESSES TO OBTAIN A CERTIFICATION OF EXPUNGEMENT FOR CERTAIN MARIJUANA AND HASHISH CASES IN ACCORDANCE WITH THE MARIJUANA DECRIMINALIZATION LAW

NOTICE TO THE BAR

The Supreme Court by Order dated July 1, 2021 provided for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving offenses enumerated in the Marijuana Decriminalization Law, L. 2021, c. 19 (codified in relevant part at N.J.S.A. 2C:35-23.1 and N.J.S.A. 2C:52-6.1). Approximately 360,000 cases in the Superior Court (Criminal and Family) and in the Municipal Courts have been expunged from court case management systems.

The Court in that Order required the Administrative Director of the Courts to develop and announce a process that will allow individuals to inquire as to whether their particular case has been expunged pursuant to the provisions of that order and to receive a certification confirming the expungement of their court record. Directive #24-21, issued today and published with this notice, sets out that process in detail.

Dated: August 27, 2021

__________________________________

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts

https://www.njcourts.gov/notices/2021/n210830a.pdf?c=ptW

 

Office of the Courts

Directive #24-21

 

Criminal/Family/Municipal – Expungements – Requests for Copies of Expunged or Sealed Records; Certification of Automatic Expungement

The purpose of this directive is to promulgate procedures to be used when individuals or their attorneys are seeking to obtain copies of the individual’s own expunged or sealed records or seeking a certification that their case has been automatically expunged pursuant to statute and/or Supreme Court Order. Individuals who are granted expungements or have had their records sealed in criminal, municipal, quasi-criminal, or juvenile delinquency matters are entitled to confirmation of those court-ordered or automated actions. Therefore, upon request and presentation of government issued photo identification, copies of an expungement order, a record indicating the case has been sealed, or a certification that the case was automatically expunged are to be provided to the individuals who are the subject of these records or their attorneys without the assessment of a fee.

In accordance with any Supreme Court Order granting automatic expungements pursuant to N.J.S.A. 2C:52-6 and N.J.S.A. 2C:52-6.1, an expungement order granted pursuant to N.J.S.A. 2C:52-15(a), or when a case is ordered sealed from public access at the time of sentencing/adjudication, the records that are the subject of the order must be removed and/or isolated. In response to third-party requests for information or records on an expunged or sealed case, the court is required to indicate that there is no record. The restricted access to expunged or sealed records mandated by N.J.S.A. 2C:52-19 applies to third-party requestors, but not to individuals seeking copies of their own expunged records or their attorneys. To ensure adherence to confidentiality requirements surrounding expunged records, the Judiciary is able to audit staff access to the case management systems and applications that house the records and that produce the certification.

The attached procedures, request form, and order are to be used to provide expunged and sealed records to the individual who is the subject of the expunged records. The request form must be completed and presented in person along with a government-issued photo identification. It should be noted that a juvenile (under age 18) must have their parent or attorney make the request for the expunged or sealed record. Requests for a Certification of Expungement submitted by an attorney on behalf of their client will be processed centrally by the Superior Court Clerk’s Office. All other requests for expunged records submitted by an attorney on behalf of their client must be processed by the court where the expungement was granted, or where the conviction or juvenile adjudication was ordered sealed from public access. As noted on the Request Form, any individual who submits a request for expunged records and who makes a false statement under affirmation may be guilty of a crime of the fourth degree pursuant to N.J.S.A. 2C:28-2(a).

Matters expunged or sealed upon the order of a Superior Court or Municipal Court judge will require an Order Permitting Release of Expunged or Sealed Records prior to providing the requested record. For automated expungements pursuant to a Supreme Court Order,1 a Certification of Expungement signed by the Superior Court Clerk of New Jersey will be provided in accordance with the attached procedures.

These procedures pertain to Superior Court and Municipal Court. Please contact Criminal Practice at (609) 815-2900 ext. 55300; Family Practice at (609) 815-2900 ext. 55350; or Municipal Court Services at (609) 815-2900 ext. 54850 with any questions concerning these procedures.

Attachments:
(1) Requestor Instructions for Obtaining Expunged or Sealed Records Ordered by

Superior Court or Municipal Court
(2) Court Staff Procedures for Providing Copies of Expunged or Sealed Records

Ordered by Superior Court or Municipal Court
(3) Requestor Instructions for Obtaining a Certification of Expungement by Supreme

Court Order
(4) Court Staff Procedures for Providing a Certification on Matters Expunged by

Supreme Court Order
(5) Record Request Form for an Individual to Obtain Copies of Their Own Expunged

and/or Sealed Records (CN 12830)
(6) Order Permitting the Release of Expunged or Sealed Records (CN 12831)

cc: Chief Justice Stuart Rabner Criminal Presiding Judges

1 For example, see the Order of the Supreme Court dated July 1, 2021 pursuant to the Marijuana Decriminalization Law.

Directive #24-21 – Expungements – Records Requests; Certifications August 16, 2021

Attachment 1

Requestor Instructions for Obtaining Expunged or Sealed Records Ordered by Superior Court or Municipal Court

Requestor Instructions for Obtaining Expunged or Sealed Records Ordered by Superior Court or Municipal Court

(1) Complete Parts A and B of the Record Request Form for an Individual to Obtain Copies of Their Own Expunged and/or Sealed Records (CN 12830) and deliver it in person during regular business hours to the Court where your expungement was granted, or where the conviction or juvenile adjudication was ordered sealed from public access. Court contact information can be found at www.njcourts.gov.

(2) When submitting your request, you must present photo identification to verify that you are the subject of the records requested. A government issued photo identification, including but not limited to a driver’s license with photo, county identification with photo, passport, is required.

(3) Requests submitted by an attorney on behalf of their client do not require a photo identification but must include the attorney’s ID number. Complete parts A and B of the Record Request Form for an Individual to Obtain Copies of Their Own Expunged and/or Sealed Records (CN 12830). Your request will be reviewed by a judge who will determine if the documents should be released. If the judge approves the request, then an order will be entered authorizing release of the documents requested. Only a judge can order release of the documents.

(4) In most instances a court hearing is not necessary. However, if there are any concerns about your request or the identification that was presented, you may be asked to appear before a judge to determine if your request should be granted.

Attachment 2

Court Staff Procedures for Providing Copies of Expunged or Sealed Records Ordered by Superior Court or Municipal Court

Court Staff Procedures for Providing Copies of Expunged or Sealed Records Ordered by Superior Court or Municipal Court

The following procedures are to be followed when individuals (or their attorneys), seek copies of their own expunged or sealed records. A juvenile (under age 18) must have their parent or attorney make the request for the expunged or sealed record.

Third-party requestors are not entitled to these records under this procedure.

Procedure

Individuals seeking copies of their own expunged or sealed records shall:

• Complete the attached Record Request Form and return it in person to the court that granted the expungement or ordered the case sealed. A directory of court addresses is available at: www.njcourts.gov.
• Present photo identification to verify they are the subject of the records requested: A government issued photo identification, including but not limited to a driver’s license with photo, county identification with photo, passport, is required.
• Requests submitted by an attorney on behalf of their client do not require photo ID, but the Record Request Form is required and must include the attorneys’ ID number.
• There is no application fee, although copy fees may apply (see Directive #03-11 and Supplement to Directive #03-11 dated March 7, 2017).

Court staff shall:

• View and record the type of photo identification document presented by the individual on the Record Request Form.
• Verify that the individual requesting the records is the subject of the expunged or sealed records. If there is any question about the identification presented, staff should seek guidance from their Division Manager or their Criminal, Family or Municipal Court Judge.
• If approved and the Judge has completed an Order Permitting Release of Expunged or Sealed Records (CN 12831), provide copies of the requested documents to the individual or attorney.

Attachment 3

Requestor Instructions for Obtaining a Certification of Expungement by Supreme Court Order

Requestor Instructions for Obtaining a Certification of Expungement when Ordered by the Supreme Court

1.  CompletePartsAandBoftheRecordRequestFormforanIndividualtoObtain Copies of Their Own Expunged and/or Sealed Records (CN 12830) and deliver it in person during regular business hours to the court where your matter was heard or where the charges originated. Court contact information can be found at www.njcourts.gov.

2.  Whensubmittingyourrequest,youmustpresentphotoidentificationtoverifythat you are the subject of the records requested. A government issued photo identification, including but not limited to a driver’s license with photo, county identification with photo, passport, is required.

3.  Requestssubmittedbyanattorneyonbehalfoftheirclientdonotrequirephoto ID and will be processed centrally by the Superior Court Clerk’s Office.
Complete parts A and B of the Record Request Form for an Individual to Obtain Copies of Their Own Expunged and/or Sealed Records (CN 12830) and submit it by email to SCCOOmbudsman.Mbx@njcourts.gov.

4.  In most instances a court hearing is not necessary. However, if there are any concerns about your request or the identification that was presented, you may be asked to appear before a judge to determine if your request should be granted.

5.  AdditionalinformationconcerningcertainSupremeCourtOrdered Expungements can be found at www.njcourts.gov.

• You may also submit your request, in person, directly to the Superior Court Clerk’s Office. For more information, please contact 609-421-6100 or SCCOOmbudsman.Mbx@njcourts.gov.If you are unsure about which court handled your case, you can go to your local municipal court, the criminal or family division in any Superior Court courthouse, or the Superior Court Clerk’s Office in Trenton.

Attachment 4

Court Staff Procedures for Providing a Certification on Matters Expunged by Supreme Court Order

Court Staff Procedures for Providing a Certification on Matters Expunged by Supreme Court Order

The following procedures are to be followed when individuals (or their attorneys) seek copies of their own expunged records or a certification of expungement, and the

expungement was ordered by the Supreme Court. A juvenile (under age 18) must have their parent or attorney make the request for the expunged or sealed record.

Third party requestors are not entitled to these records under this procedure.

Procedure

Individuals seeking a certification of expungement shall:

• Complete the attached Record Request Form and return it in person to the court where the charges originated, where the matter was heard or submit the request to the Superior Court Clerk’s Office.

---

• If an individual does not remember which court handled their case, the individual can go to their local municipal court, the criminal or family division in any Superior Court courthouse, or the Superior Court Clerk’s Office in Trenton to receive a Certification of Expungement only. If the individual is requesting any other expunged or sealed record on the case, they must go to the court where the case was disposed.

• Present photo identification to verify they are the subject of the records requested. A government issued photo identification, including but not limited to a driver’s license with photo, county identification with photo, passport, is required.

Court staff shall:

• View and record the type of photo identification document presented by the individual on the Record Request Form.
• Verify that the individual requesting the records is the subject of the expunged records. If there is any question about the identification presented, staff should seek guidance from their Division Manager or their Criminal, Family or Municipal Court Judge.
• If the matter was expunged and the requestor’s documentation is verified, designated Superior Court staff or the Municipal Court Administrator or Deputy Court Administrator shall provide the Certification of Expungement generated by the automated system to the individual (or their attorney).
• Where not verified, staff should cite the reasons for the denial on the request form.

Attachment 5

Record Request Form for an Individual to Obtain Copies of Their Own Expunged and/or Sealed Records (CN 12830)

 

New Jersey Judiciary – Municipal Court
Request by Defendant/Juvenile for Copies of Their Own Expunged and/or Sealed Records

Superior Court of Division:

Municipal Court of

County

ext.

Part A: Requestor Identification – Defendant/Juvenile

First Name Date of Birth

Address City

Middle Initial
Complaint Number/Docket Number/Accusation Number/Indictment Number

Last Name

Last 4 digits Social Security Number
State Zip Code Email Address

Home/Cellphone (Include area code)

• ☐  I certify that I am the subject of the documents requested. (photo ID required)
• ☐  I 

• am the parent for the juvenile indicated above. (photo ID required)
• ☐  I 

• , Attorney ID # __________, certify that I am the attorney for the defendant/juvenile indicated above and have been authorized by my client to request these records. (photo ID not required)

By signing below, I represent that I am a person entitled to a copy of this expunged record. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to
punishment. N.J.S.A. 2C:28-2(a) provides that a person who makes a false statement under affirmation when they do not believe it to be true may be guilty of a crime of the fourth degree.

Signature:
Part B: Information Requested

☐ Copy of Expungement Order
☐ Copy of Expungement Petition
☐ Certification of Expungement by Supreme Court Order ☐ Copy of Sealed Record
☐ Other (Describe)
Certified or Exemplified Copies (extra charge if applicable)

Date:

Judiciary Use Only

Form of identification presented

Type of ID: ID #: ☐ Court staff is unable to provide the requested record.

Reason:
☐ Proper identification not provided.

☐ Requestor is not the individual who is the subject of the documents, or their attorney. ☐ The court has no record.
☐ The record is not expunged or sealed.

Signature of Judiciary staff person Date

Published: 8/2021, CN 12830

Attachment 6

Order Permitting the Release of Expunged or Sealed Records (CN 12831)

State of New Jersey

v.

Superior Court of New Jersey County of - Select County -

Municipal Court of Complaint Number/ Docket Number/ Accusation Number/ Indictment Number Expungement Number

Order Permitting Release of Expunged or Sealed Records

seeking release of:

Defendant/Juvenile,

This Matter having come before the Court upon request of

☐ Expungement Order
☐ Copy of Expungement Petition ☐ Sealed Record
☐ Other(listdocumenttype)

The Court being satisfied that the individual seeking the expunged or sealed records is the petitioner,

It Is on This

to: Date

Day of , 20

s/

, Ordered that a copy of the above documents shall be released .

, Judge’s Signature.

Published: 8/2021, CN 12831 

Source 
https://www.njcourts.gov/notices/2021/n210830a.pdf?c=ptW

 

KENNETH  VERCAMMEN & ASSOCIATES, PC 
ATTORNEY AT LAW 
2053 Woodbridge Ave.,
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)    732-572-0030 
www.njlaws.com

 

What if I completed a Conditional Discharge program or sentence on only one of the pot eligible offenses ?

 What if I completed a Conditional Discharge program or sentence on only one of the pot eligible offenses ?

·       Any remaining sentence, juvenile disposition, ongoing supervision, associated violation of probation, or unpaid court-ordered costs, including civil judgments for non-payment, will be cancelled.

·       The case will be expunged.

·       Any active arrest warrant related to a failure to appear in that case will be cancelled.

·       Any court-ordered drivers’ license suspensions or revocations for failure to appear in court that are related to this case will be cancelled. Note that you must contact the Motor Vehicle Commission to have the license restored.

Source https://www.njcourts.gov/marihashexpunge.html

Q. Should I get a lawyer?

The court system can be confusing. It is a good idea to get a lawyer if you choose to file a motion. 

It would not be a good idea to try to do your own electrical work or your own plumbing work unless you know what you are doing.

Source Expungement of Certain Marijuana or Hashish Cases

What if I am already serving a sentence only on one of the pot eligible offenses ?

 What if I am already serving a sentence only on one of the pot eligible offenses  ?

·       Anyone incarcerated or in detention because of the offenses listed above was released.

·       Any term of probation, parole, or other community supervision ended.

·       Any unpaid court-ordered payments, including civil judgments for non-payment, were cancelled.

·       The case was dismissed and expunged.

·       Any active arrest warrant related to a failure to appear in that case was cancelled.

·       Any violations of probation or violations of pretrial monitoring was cancelled.

·       Any court-ordered drivers’ license suspensions or revocations for failure to appear in court that are related to this case will be cancelled. Note that you must contact the Motor Vehicle Commission to have the license restored. Source https://www.njcourts.gov/marihashexpunge.html

What if my eligible case was decided, but the sentence or juvenile disposition has not happened yet?

 What if my eligible case was decided, but the sentence or juvenile disposition has not happened yet?

·       There will be no sentencing or juvenile disposition and the case will be dismissed.

·       The case will also be expunged (removed from your criminal record).

·       Any active arrest warrant related to a failure to appear in that case will be cancelled.

·       Any violations of probation or violations of pretrial monitoring will be cancelled.

·       Any court-ordered drivers’ license suspensions or revocations for failure to appear in court related to that case will be cancelled. Note that you must contact the Motor Vehicle Commission to have the license restored. Source https://www.njcourts.gov/marihashexpunge.html