Expungement for Drug Court Grads

High Court Got it Right on Expungement for Drug Court Grads

The court’s opinion does a service, not only in clarifying the standard for expungement under the 2016 statute but also in explaining the valuable work done by drug courts.

https://www.law.com/njlawjournal/2019/02/04/high-court-got-it-right-on-expungement-for-drug-court-grads/

In a unanimous Jan. 8, 2019, decision written by Chief Justice Rabner, the New Jersey Supreme Court held out a lifeline to drug offenders who successfully complete the rigorous regimen implemented by the drug courts of this state. Matter of Expungement of Arrest/Charge Records of T.B., J.N.-T. and R.C. That lifeline could not be more important in the opportunity it offers drug court graduates to have their entire criminal histories expunged even when those histories are significant, thereby affording offenders a true fresh start to find employment and live a law-abiding life.

In reversing the Appellate Division, the court’s key holdings, based on a relatively new 2016 law commonly known as the drug court expungement statute, N.J.S.A. §2C:35-14(m), are: (1) the new law “favor[s] expungement for successful graduates;” (2) successful drug court participants are entitled to a rebuttable presumption that expungement of their third or fourth degree drug sale offenses “is consistent with the public interest,” shifting the burden to prosecutors to present proof of disqualifying convictions and other factors bearing on the public safety; (3) applications for expungement by drug court graduates may be heard only by drug court judges who are familiar with the participants and with drug court requirements; and (4) unlike other applicants for expungement, drug court graduates need not include with their expungement applications copies of all relevant transcripts and reports of prior convictions, documents that are often difficult and expensive to obtain especially when they relate to old convictions. On this last point, the court said that these documents can be required “on a cost-effective basis” if a judge hearing a specific expungement application thinks them necessary.

The opinion traces the history of expungement statutes in New Jersey. It was not until 2010 that a third- or fourth-degree conviction for selling drugs could be expunged, and then only if expungement was “consistent with the public interest,” a standard the court held was the applicant’s burden to meet under the general expungement statute. In re Kollman, 210 N.J. 557 (2012). Moreover, to meet that burden under Kollman, the applicant had to provide all transcripts of plea and sentencing hearings and pre-sentence reports as part of an expungement application, sometimes a difficult and expensive proposition.

The 2016 law made significant changes, applicable to drug court graduates. It allows expungement of the applicant’s entire criminal record “for any offense enumerated in Title 2C … upon successful discharge from a term of special probation … if the person satisfactorily completed a substance abuse treatment program [i.e., drug court program] and was not convicted of any crime during the term of special probation.” Convictions of certain serious crimes such as murder, robbery, kidnapping, aggravated sexual assault, and first- and second-degree drug sale crimes are excluded. Moreover, the statute provides a simpler application process and requires the applicant to pay no fees. Rather, drug court graduates need only “bring [the] matter to the attention of the Drug Court judge prior to graduation.” It is then up to the prosecutor, who would by then be familiar with the applicant through his drug court participation, to raise any objection. If a criminal record is expunged and the applicant is later “convicted of any crime,” the full criminal record “may be restored” and no future expungement may be granted.

The opinion is enlightening in its description of New Jersey’s drug courts and the positive effect they are having on a population largely disadvantaged by addiction. As described, drug court participants are sentenced to a term of special probation of up to five years, requiring frequent drug testing and regular court appearances. The program involves “rigorous” supervision and participation by judges, probation officers, prosecutors, public defenders, and treatment providers. More than 5,400 persons have successfully completed drug court since it was established statewide in 2002. Of those, 90 percent were employed when they graduated, and all must have been free of drugs for one year. Drug court graduates experience much lower rates of recidivism than do other former offenders.

It is notable that the three applicants in this case all had significant criminal records and yet expungement, according to the decision, is presumed to be in the public interest. T.B.’s record included 13 arrests and convictions, some for drug offenses. J.N.-T.’s record included eight convictions for third-degree offenses including burglary and drug offenses. R.C.’s record, dating from 1996, consisted of five arrests and three Superior Court convictions, including for drug offenses.
https://www.law.com/njlawjournal/2019/02/04/high-court-got-it-right-on-expungement-for-drug-court-grads/
       Expungement Services to Apply to Remove/Erase Criminal Arrests and Convictions/ Retainer for Legal Services
Please read and fill out interview form at end

 $1,900 if paid within 7 days    ________________________
Credit card or Check payable to Vercammen PC.
   [Fee is less if we handled case previously or is charge was dismissed outright in Municipal Court within one month] This is for regular expungement, not the complicated Early Pathway Expungement of Indictable Convictions
Also you need to provide a separate check or money order for court fees:
 -Check for $75.00 payable, Treasurer, State of NJ
-Check payable Postmaster Edison $70.00 for certified mail
This cannot be paid by credit card.

Please fill out blank lines on your computer or by hand and email or return to office to start Expungement. Then provide check or credit card info to fee.
You need to provide Superior Court & us  with the Certified disposition if your prior offense was in Municipal Court. The Certified disposition should be provided to the Superior Court. To obtain the certified disposition, simply contact the Municipal Court. They will charge a fee of approx $10.00.
  If you are unable or unwilling to do this, our fee to drive to the court to obtain the Certified disposition is an additional $300.
If your prior charge was in Superior Court, provide the Order of Dismissal if dismissed, or Judgment of Conviction JOC if a guilty plea.
If PTI Pre-trial intervention, provide copy of Order of Dismissal.

FILL OUT:

1. Petitioner's name is _____________.
any other name used___________________.
Current address ___________________________________
CITY _____________________________ STATE _______ ZIP __________

CELL-PHONE ________________________________ rev 1/28/19

OTHER PHONE-DAY __________________________

E-MAIL ADDRESS ______________________________________________

REFERRED BY: _______________________________________________

2. Petitioner's date of birth is _______,

Social Security Number is ________

3.  Petitioner was charged  on [DATE]  ________________ for violation of the following:
N.J.S.A. 2C:  ______________

type of offense   _________________

Town ___________________                    

Summons/ Warrant/ Complaint #  ____________________
[Leave out traffic tickets ex 39:4-49.1.   Traffic tickets cannot be expunged]
The original complaint number was ___________

4.  This matter was in ___________   County  .

5. This matter was heard in the   ______________ Municipal Court on __________

6. On [DATE] ______, I plead guilty of the following offense: ________________________.

I was fined _____, costs of ______ and ______.

 Or

on ________________, charges were dismissed

7. The following are all other charges against me since I was 18 year old, even if the charge was dismissed or it was a Municipal Ordinance:
[IF NONE, WRITE NONE]
[OTHER PRIOR CHARGES] Petitioner was charged  on   ________________ for violation of the following:
N.J.S.A. 2C:  ______________

type of offense   _________________
Summons/ Warrant/ Complaint #  ____________________

Other prior offenses:
This matter was in ___________  County , town ______________

Disposition/ result ___________________________________
[If none, write none, don’t leave blank]

The client must provide a written disposition to the court for all prior criminal charges, even criminal charges you were not arrested or fingerprinted. This is required by the Superior Court. All charges since you were 18 years old. The Law Office can obtain the a Certified Disposition for Municipal Court cases, or a Judgment of Conviction for Superior Court charges at a fee of $400 per court. It is usually more cost effective for the client to obtain the court records themselves.
If you do not list every charge against you since you were 16, the court or prosecutor will move to dismiss your petition. It will cost you additional costs and fees if you do not list every offense since you were 16. This even includes municipal ordinance tickets for drinking in public, etc
Details on expungement at http://www.njlaws.com/expungement.html
What we will do:
-Telephone consultation with client;
-Office consultation with client;
-Opening of file and client may have free client case folder, Municipal Court brochure, MVC Points brochure, and Website brochure;
-Review documents supplied by client and court;
-Review of necessary statutes and case law;
-Preparation of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD PURSUANT TO N.J.S.A. 2C:52-6(a)
-Preparation of CERTIFICATION  STATEMENT TO ACCOMPANY PETITION
- Preparation of ORDER FOR HEARING FOR EXPUNGEMENT PURSUANT to N.J.S.A. 2C:52-6(a)
- Preparation of proposed ORDER FOR EXPUNGEMENT

   Prepare letter to Client with Petition, Statement to Accompany Petition of no pending charges, Order for Hearing, Proposed Order for Expungement

Client signs Petition Statement to Accompany Petition of no pending charges

Attorney calls Superior Court and confirm address for Expungement Unit.

We Mail to Superior Court Expungement Unit-
Orig. and one Petition
Statement to Accompany Petition
Order for Hearing
Proposed Order for Expungement
2 self-addressed stamped envelopes
Follow up Court Order for hearing (takes approx 30 days)
Expungement Services to Remove Bill  

Upon receipt of signed Order for hearing, Prepare Certified Mail Green cards for documents to be served on law  enforcement and court. -
-Preparation of letter with Order for hearing and proposed Order for Expungement to NJ Attorney General
    Department of Law & Public Safety
    Expungement Section- PO Box 080
    Trenton, NJ 08625

- Preparation of letter with Order for hearing and proposed Order for Expungement to NJ Superintendent of State Police
Expungement Unit
River Road, PO Box 7068
West Trenton, NJ 08628
- Preparation of letter with Order for hearing and proposed Order for Expungement to County Prosecutor;
- Preparation of letter with Order for hearing and proposed Order for Expungement to Chief of Police;
- Preparation of letter to client with Order for hearing and proposed Order for Expungement to Municipal Court Administrator;

When all the green cert. mail cards come in we put date mailed to Law Enforcement. on form 6 (Cert.) and mail to Court . After receipt of all certified mail Green cards, Preparation of CERTIFICATION OF SERVICE OF ORDER FOR HEARING
We make copies of cert. mail green cards and letter before mailing out original green cards to court.

Misc phone calls to and from client
-Call Superior Court Expungement Unit to confirm they received green cards and no need to appear on hearing date if no objection.

If Expungement granted and receipt of signed Order for Expungement,
Preparation of letter with signed Order for Expungement to:
-NJ Attorney General by regular mail
       Department of Law & Public Safety
- Preparation of letter with signed Order for Expungement to
  NJ Superintendent of State Police
- Preparation of letter with signed Order for Expungement to County Prosecutor;
- Preparation of letter with signed Order for Expungement to Chief of Police;
- Preparation of letter with signed Order for Expungement to Municipal Court Administrator; and any other public entity requested by the court. Please note a Judicial Expungement granted by the Superior Court Judge does not change databases set up by private entities or credit agencies.
Preparation of End of Case Letter to client with original signed Order for Expungement and client questionnaire.

Please note we do not open a file and do not handle the case until all fees are paid in full up front.
Any other work not listed above will require additional fees or costs.
 The client must provide disposition or copies of complaint for all prior Municipal court criminal charges, even criminal charges you were not arrested or fingerprinted. This is required by the Superior Court. For Municipal court cases, contact the Municipal Court and request a Certified Disposition. The Municipal Court may charge you a $10.00 fee. For Superior Court, the county Criminal records can provide you with a Judgment of Conviction [if you plead guilty] or an Order of Dismissal [if PTI]
All charges since you were 18 years old must be listed.
If you are not 100%  sure of your prior charges including town ordinances you may want to order a criminal history CCH on yourself when the expungement is started. The fee to obtain your criminal history is less than $75. For a Criminal History Contact www.bioapplicant.com/nj or call Morpho Trak at 1-877-503-5981. The law office cannot obtain a criminal history. Our Private investigator can do obtain a criminal history for you for an extra $900.
If the expungement is granted mail the expungement Order to the Law Enforcement entities. We recommend to all clients to also send a follow up letter and copy of Order for Expungement by Certified Mail to all above Courts and Law Enforcement so they have a copy for their records. The Law Office can handle sending the Order for Expungement by Certified Mail, return receipt request for additional fee of $250. You should also serve a copy on the credit reporting agencies that may list the arrest.
If the Court grants the expungement petition, the NJ police departments and NJ courts will be required to remove information from their records. The Court order does not pertain to online private companies or websites, which may contain old information. The Federal Government and immigration still has access to expunged /erased records.
If there are objections to the Expungement Petition by the Prosecutor or other entities and a hearing is required, additional fees will apply. They fee you paid does not include appeals if the court denies your petition.
Please note that a court ordered expungement applies to government and police records. It does not apply to private internet sites.