In re T.B., 236 N.J. 262

Summary

The New Jersey Supreme Court interprets the drug court expungement statute, N.J.S.A. 2C:35-14(m), as requiring a public-interest assessment for certain third- and fourth-degree drug-sale convictions. The Court holds that successful drug court graduates are entitled to a rebuttable presumption that expungement is consistent with the public interest, and that prosecutors may present evidence to rebut the presumption. The Court reverses the Appellate Division and remands the consolidated cases for further proceedings.

Holdings

1. The plain language of N.J.S.A. 2C:35-14(m)(2) includes convictions subject to N.J.S.A. 2C:52-2(c)(3), so a successful drug court graduate with a third- or fourth-degree drug-sale conviction must undergo a public-interest assessment before that conviction may be expunged.
2. Successful drug court graduates seeking expungement of third- or fourth-degree drug-sale convictions are entitled to a rebuttable presumption that expungement is consistent with the public interest. The State may rebut the presumption with evidence concerning the applicant's character, conduct, public safety, and other relevant information.
3. Successful drug court graduates are not required to submit copies of all relevant plea and sentencing transcripts and presentence reports when applying to the drug court judge for expungement. The judge may request those materials in appropriate cases.

Questions Presented

1. Whether the public-interest standard in N.J.S.A. 2C:52-2(c)(3) applies to drug court graduates seeking expungement under N.J.S.A. 2C:35-14(m)(2) when their records include third- or fourth-degree drug-sale convictions.
2. If the public-interest standard applies, how the burden of proof and evidentiary process should operate for successful drug court graduates.

Disposition

reversed_and_remanded