State v. Merendino

The opinion of the court was delivered by

KLEINER, J.A.D.

Robert J. Merendino1 appeals from the denial of his petition to expunge all evidence of his arrest and subsequent June 8, 1984 conviction on two counts of an eleven count indictment. Prior to that conviction, the State moved to dismiss the remaining nine counts of the indictment pursuant to the terms of a negotiated plea agreement. Petitioner’s appeal poses a question not specifically raised in any reported decision in this State: May the motion judge at an expungement proceeding consider the underlying circumstances of the petitioner’s…