In this appeal, the court addresses the interplay between the Recovery Court expungement statute, N.J.S.A. 2C:35-14(m), and the law that governs expungements generally, N.J.S.A. 2C:52-1 to -32.1, as they relate to expungement of juvenile adjudications sought following completion of Recovery Court.
The State appeals from a trial court order expunging petitioner's entire record including his juvenile delinquency adjudications after he successfully completed a Recovery Court special probation sentence. The State, joined by the New Jersey Attorney General as amicus, argues juvenile delinquency adjudications of non-expungable offenses if committed by an adult are not eligible for expungement despite successful completion of Recovery Court. They warn a contrary interpretation defies legislative intent.
In response, P.L., supported by amicus, the Association of Criminal Defense Lawyers of New Jersey, asserts the plain language of N.J.S.A. 2C:35-14(m) allows expungement of juvenile adjudications because adjudications are not convictions specifically excluded from post-Recovery Court relief.
Relying on the plain language of both statutes, the court concludes the Legislature did not incorporate certain restrictions from the general expungement statute into the Recovery Court statute addressing expungement of adult criminal and juvenile adjudication histories, N.J.S.A. 2C:35-14(m). As a result, Recovery Court graduates may expunge all eligible offenses under this statute, including juvenile adjudications otherwise non-expungable if sought under the general expungement law.