Not all criminal offenses are subject to expungement – In re W.S.

This morning, the Appellate Division released In re Petition for Expungement of W.S. The case involves a challenge by the State to an expungement that was granted in the Law Division on a 15 year old conviction for a sexual assault under N.J.S.A. 2C:14-2.

Not all criminal offenses are subject to expungement. Under N.J.S.A. 2C:52-2(b), the Legislature has excluded offenses under N.J.S.A. 2C;14-2, but placed the words “(aggravated sexual assault)” after the statutory reference. The Appellate Division ruled in W.S. that the prohibition in N.J.S.A. 2C:52-2(b) includes both the first degree crime of aggravated sexual assault and the second degree crime of sexual assault.

Download In re W.S.

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