State v. San Vito

Galda, J. S. C.

James N. San Vito and his sister Patricia petition for the expungement of their arrest records, pursuant to N. J. S. A. 2A:85-15 et seq. (L. 1973, c. 191). The exceptional circumstances of this matter dictate an interpretation of this new statute.

The facts are not in dispute and relatively simple. Petitioners were arrested on November 24, 1970 in Montvale, Bergen County, on a charge of possession of a controlled dangerous substance, in violation of the then existing law, N. J. S. A. 24:18-4. Additionally, James was charged under N. J. S. A. 24:18-37 with maintaining a narcotics…