Out-of-state Diversionary Program Bars D/P Expungement – State v. Johnson (UNP)

The UNPUBLISHED Appellate Division opinion in State v. Johnson stands for the proposition that completion of an out-of-state diversionary program by a defendant will create a statutory bar to expunging a disorderly persons offense in New Jersey. In Johnson, the petitioner sought to expunge 3 d/p convictions and an ordinance violation as well as arrests not resulting in conviction. Expungement was granted as to the ordinance and arrests not resulting in conviction. However, the Appellate Division ruled that completion of a diversionary program similar to PTI in another jurisdiction serves as a statutory bar to an expungement for d/p offenses (and presumably a criminal conviction as well).

Download a copy of the UNPUBLISHED decision in State v. Johnson

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