Appellate Division Reverses Denial of Expungement for Probation Violations

On March 19, 2018, the New Jersey Appellate Division decided the Matter of the Expungement of the Criminal Records of E.C. (A-5175-15T4). In this case, E.C. initially pled guilty to third-degree possession of cocaine with intent to distribute. She was sentenced to three years of probation. Subsequently, she pled guilty to violating probation and was discharged from probation.

E.C. later filed to have her arrest and conviction expunged. However, the prosecutor objected to the expungement because of her discharge from probation. The trial court denied her expungement.

E.C. filed an appeal and the Appellate Division held that “an individual who has been discharged from probation, albeit with an imperfect record, and has paid all outstanding fines, has satisfactorily completed probation within the meaning of the expungement statute.” Id. at 12.

Filing for an expungement of your arrest or conviction record can be a complex process.

Have you been arrested or convicted of a crime, disorderly persons offense, or municipal ordinance?

Call Jason T. Komninos, Esq. at (201) 343-4622 to schedule a consultation.