Legal Opinion

In re E.C.

New Jersey Superior Court Appellate Division

Decided March 19, 2018No. DOCKET NO. A–5175–15T4Published

1Opinion of the Court

REISNER, P.J.A.D.

*122*51E.C. appeals from a June 17, 2016 order denying her petition to expunge her conviction.2 We hold that an individual who has been discharged from probation without improvement, and who has subsequently paid all outstanding fees and fines, is not barred from applying for expungement pursuant to N.J.S.A. 2C:52-2(a)(2). However, the court may consider her performance while on probation as one factor in deciding whether to grant the petition. The trial court erred in holding that E.C. was barred from applying for expungement because she had been discharged from probation…

2Cases cited5 opinions

  1. In Re Referendum on City of Trenton Ordinance 09-02Supreme Court of New Jersey · 2010
  2. In re KollmanSupreme Court of New Jersey · 2012
  3. In re J.S.Supreme Court of New Jersey · 2015
  4. State v. Pali.Hawaii Supreme Court · 2013
  5. KATHLEEN LEGGETTE VS. GOVERNMENT EMPLOYEES INSURANCECOMPANY (GEICO)(L-1585-14, MERCER COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2017

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