Supreme Court of New Jersey

In the Matter of the Expungement of the Arrest/charge Records of T.b. in the Matter of the Expungement of The…

January 8, 2019236 N.J. 262

Summary

The New Jersey Supreme Court held that the drug‑court expungement statute incorporates the public‑interest requirement of N.J.S.A. 2C:52‑2(c)(3) and that successful graduates are entitled to a rebuttable presumption that expungement is consistent with the public interest, placing the burden on the State to rebut. It reversed the Appellate Division’s vacatur and remanded for further proceedings applying that presumption.