Tort Claim Notice No Bar to Expungement – State v. JRS
In yesterday’s decision in State v. JRS, the Appellate Division held that the mere filing of a notice of tort claim does not constitute pending civil litigation that will bar an expungement. In the JRS case, the petitioner sought to expunge an arrest for a disorderly persons’ offense that had been dismissed in municipal court. Following the dismissal, the petitioner filed a notice of tort claim against the State Police. He thereafter sought and was granted an expungement. Following the expungement, he filed suit against the police.
The Somerset County Prosecutor moved before the Superior Court to vacate the expungement on the grounds that at the time of the filing, the petitioner had been involved in civil litigation with the State by virtue of the notice of tort claim. However, the Appellate Division held that the filing of the notice of tort claim does not constitute a civil action within the meaning of the expungement statute.
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