Legal Opinion

State v. K.M.

New Jersey Superior Court Appellate Division

Decided July 6, 1987PublishedCited by 5 opinions

1Opinion of the Court

The opinion of the court was delivered by

D’ANNUNZIO, J.S.C.

(temporarily assigned).

Respondent was found not guilty in municipal court of the charge of tampering with a motor vehicle in violation of N.J.S. A. 39:4-49. Respondent’s application to the Superior Court for expungement of the record of this charge pursuant to N.J.S.A. 2C:52-1 et seq. was granted despite the State’s objection that Title 39 offenses are not subject to expungement. The State appeals and we reverse.

In arguing the case before the trial court, both parties focused on N.J.S.A. 2C:52-28 which provides that “[njothing…

2Cases cited3 opinions

  1. State v. GreenSupreme Court of New Jersey · 1973
  2. State v. R. E. C.New Jersey Superior Court Appellate Division · 1981
  3. State v. Van LanduytNew Jersey Superior Court Appellate Division · 1978

3Cited by5 opinions

  1. In re Petition for Expungement of W.S.New Jersey Superior Court Appellate Division · 2004
  2. Bd. of Educ. v. Middletown TeachersNew Jersey Superior Court Appellate Division · 2003
  3. IN RE PETITION FOR EXPUNGEMENT OF THE CRIMINAL RECORD BELONGING TO T.O. (324-18, HUDSON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  4. Roberto Luna-Reyes v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2020
  5. State v. KMNew Jersey Superior Court Appellate Division · 1987

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