In re D.J.B.

• Decision Date: 16 January 2014
• Citation: 83 A.3d 2,216 N.J. 433
• Parties: In the Matter of the Expungement Application of D.J.B.
• Court: New Jersey Supreme Court

216 N.J. 433

83 A.3d 2

In the Matter of the Expungement Application of D.J.B.

Supreme Court of New Jersey.

Argued Oct. 7, 2013.

Decided Jan. 16, 2014.

Randolph H. Wolf, Red Bank, argued the cause for appellant D.J.B. (Mr. Wolf, attorney; Mr. Wolf and Katherine A. North, on the brief).

Anthony J. Parenti, Jr., Assistant Prosecutor, argued the cause for respondent State of New Jersey (Geoffrey D. Soriano, Somerset County Prosecutor, attorney; Mr. Parenti and Cameron W. MacLeod, Legal Assistant, on the letter briefs).

Analisa Sama Holmes, Deputy Attorney General, argued the matter on behalf of amicus curiae Attorney General of New Jersey (John J. Hoffman, Acting Attorney General, attorney).

D.J.B. submitted briefs pro se.

Chief Justice RABNER delivered the opinion of the Court.

In this case, we consider whether someone who has been adjudged delinquent as a juvenile—for acts that would be considered crimes had they been committed by an adult—can have an adult criminal conviction expunged. The question turns on the specific language of the expungement statute, N.J.S.A. 2C:52–1 to –32, and the Legislature's intent.

Two sections of the expungement law are central to the case: (1) N.J.S.A. 2C:52–2, which allows an adult conviction to be expunged under certain circumstances if a defendant has not been convicted of a prior or subsequent crime; and (2) N.J.S.A. 2C:52–4.1(a), which allows a juvenile adjudication to be expunged. The Legislature added the latter section in 1980 to create a pathway for the expungement of juvenile adjudications. The section ends with the following language: “[f]or purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.”

The parties debate the meaning of that sentence—specifically, whether it transforms juvenile adjudications into “crimes” that would bar a later attempt to expunge an adult conviction. Based on the language of the statute and its legislative history, we conclude that section 52–4.1(a) applies only to the expungement of juvenile adjudications. There is no evidence that, when the Legislature amended the law in 1980 to address juvenile adjudications, it meant to tighten the rules for expunging adult convictions. As a result, an adult who is otherwise eligible for expungement of a crime is not disqualified because of a prior juvenile adjudication. We therefore reverse the judgment of the Appellate Division, which affirmed the trial court's order denying expungement.

I.

D.J.B. is thirty-six years old. He is married, has three children, and has worked in the insurance industry for many years. He plans to start his own insurance brokerage firm and claims that a 1996 fourth-degree conviction for receiving stolen property has impeded his efforts to advance his career. He now seeks to expunge that adult conviction.

As a juvenile, D.J.B. was adjudged delinquent on several occasions for offenses that spanned an eleven-month period in 1993 and 1994. At age sixteen, in two separate matters in November 1993 and March 1994, he was adjudged delinquent under N.J.S.A. 2A:4A–23 of charges that, if committed by an adult, would amount to third-degree burglary. In each matter, the court sentenced D.J.B. to one year of probation, among other terms.

At age seventeen, in April 1994, D.J.B. was charged in a series of four complaints. Three complaints alleged behavior that, if committed by an adult, would amount to third-degree burglary; two of those complaints also charged the equivalent of third-degree theft. A separate, fourth complaint contained twelve charges that, if committed by an adult, would constitute third-degree burglary, third-degree theft, third-degree possession of an imitation controlled dangerous substance, fourth-degree possession of marijuana with intent to distribute, third-degree possession of marijuana with intent to distribute within 1000 feet of school property, third-degree credit card fraud, and several disorderly persons offenses. The court consolidated the complaints and adjudged D.J.B. delinquent in January 1995. D.J.B. was ultimately sentenced to one year of detention, one year of probation, and one year's loss of his driver's license, among other terms.¹

D.J.B. also has a more limited adult record. In November 1995, at age eighteen, he was charged with third-degree receipt of stolen property. He pleaded guilty months later, in June 1996, to an amended fourth-degree offense contrary to N.J.S.A. 2C:20–7a. The court sentenced him to three years of probation, community service, restitution in the amount of $21.20, as well as various fines and fees. He completed probation in August 1999.

Finally, in September 1999, at age twenty-two, D.J.B. pleaded guilty to two counts of contempt, N.J.S.A. 2C:29–9, a disorderly persons offense. He represents that the charges stemmed from a dispute with his then-girlfriend, to whom he is now married. The court sentenced D.J.B. to one year of probation, which he completed in September 2000. D.J.B.'s record has no other offenses.

On April 26, 2011, D.J.B. filed a petition for expungement that listed the above convictions and juvenile adjudications. D.J.B. represented himself and used a form that the Administrative Office of the Courts makes available to litigants. See N.J. Admin. Office of the Courts, How to Expunge Your Criminal and/or Juvenile Record (Apr.2009), http:// www. judiciary. state. nj. us/ prose/ 10557_ expunge_ kit. pdf.

For purposes of this appeal, D.J.B. seeks to expunge only his 1996 criminal conviction for receiving stolen property. As noted above, he claims that the conviction has limited his ability to advance professionally. He also asserts that it prevents him from coaching baseball in the town's youth league.

After a hearing before the trial court, at which D.J.B. was represented by an attorney, the judge ordered that D.J.B.'s juvenile record be expunged but denied the petition to expunge his adult conviction and disorderly persons offenses. In an unpublished opinion, the trial court explained that “[t]he combination of N.J.S.A. 2C:52–4.1(a) and N.J.S.A. 2C:52–2 serve to prevent a petitioner with an indictable crime from obtaining expungement if that petitioner has a prior juvenile record.” D.J.B.'s prior juvenile adjudications, the trial court found, therefore barred expungement of his adult conviction.

D.J.B. appealed, representing himself once again, and successfully moved for a stay of the trial court's order pending appeal. In an unpublished opinion, the Appellate Division affirmed substantially for the reasons set forth by the trial court.

The following month, another appellate panel analyzed a similar question under the expungement statute. See In re J.B., 426 N.J.Super. 496, 45 A.3d 1014 (App.Div.2012). The second panel reached the opposite conclusion about the effect a juvenileadjudication has on an attempt to expunge an adult conviction. Id. at 508–09, 45 A.3d 1014. The panel held that the last sentence of section 52–4.1(a) applies only to expungements of juvenile adjudications. Ibid.

We granted D.J.B.'s petition for certification. 213 N.J. 244, 61 A.3d 1273 (2013). We also granted the Attorney General's motion to participate as amicus curiae.

II.

D.J.B. submitted a letter brief on his own behalf and a supplemental brief through counsel. He argues that his 1996 adult conviction should be expunged. He maintains that the language in section 52–4.1(a)—“[f]or purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult”—which the trial court and appellate panel relied on, applies only to the way juvenile adjudications are evaluated for expungement. As a result, he claims that a juvenile adjudication is not considered a “prior crime,” within the meaning of section 52–2, and does not bar the expungement of an adult criminal conviction.

D.J.B. relies heavily on the reasoning in J.B. He argues that when the Legislature drafted section 52–4.1(a), it focused on the expungement of juvenile records and did not intend to make it more difficult to expunge adult convictions.

The State maintains that the plain language of section 52–4.1(a) prevents expungement of D.J.B.'s adult conviction. Because the State believes that the key language also applies to section 52–2, it contends that D.J.B.'s prior juvenile adjudications are considered “prior crimes” that preclude expungement of his adult record. Although the State argues that it is not necessary to look beyond the plain language of the statute, it submits that the legislative history supports its position. The State also asserts that D.J.B. is not the one-time offender for whom the expungement statute is designed.

The Attorney General largely agrees with the State's position. He argues that juvenile adjudications should be counted when considering a petition to expunge an adult offense in light of the statute's plain language, the framework of the entire law, and the act's legislative history.

III.

A.

This case requires the Court to interpret parts of the statutory scheme that allow for the expungement of juvenile and adult records. See N.J.S.A. 2C:52–1 to –32. The chief aim when interpreting a law is to determine and give effect to the Legislature's intent. Perez v. Professionally Green, LLC, 215 N.J. 388, 399, 73 A.3d 452 (2013) (citation omitted). To do so, courts look first to the plain language of the statute. DiProspero v. Penn, 183 N.J. 477, 493, 874 A.2d 1039 (2005) (citation omitted). If the language is clear, the court's job is complete. In re Kollman, 210 N.J. 557, 568, 46 A.3d 1247 (2012). If the wording of a law is ambiguous, a court may examine extrinsic evidence for guidance, including legislative history and committee reports. Ibid. (citing N.J. Ass'n of Sch. Adm'rs v. Schundler, 211 N.J. 535, 549, 49 A.3d 860 (2012)).

Statutes must also “ ‘be read in...