IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL/JUVENILE RECORDS OF R.G.C. (XP-23-002199, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Published Appellate

     Petitioner appealed from the motion court's denial of her second petition for expungement under the "clean slate" statute, N.J.S.A. 2C:52-5.3(c). Although, petitioner satisfied the statute's ten-year time requirement, she had not fully satisfied the civil judgment for restitution.  She paid only restitution while incarcerated but made no payments following her release. Petitioner asserted her noncompliance was not willful.  Rather, she attributed her inability to satisfy the significant remaining restitution to her deportation to Italy in 2017, her subsequent relocation to Canada, dependence on limited public assistance as a non-citizen; and significant medical issues.  Petitioner, however, did not present competent evidence to substantiate her claim that noncompliance with the judgment was not willful.

     On appeal, the court was required to determine whether petitioner's failure to pay constituted willful compliance under the statute.  The court determined petitioner's failure to pay restitution following her release from prison amounted to willful noncompliance with the judgment. The court concluded absent competent and credible evidence demonstrating petitioner's inability to satisfy her restitution obligation, her nonpayment could not be excused.