IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL/JUVENILE RECORDS OF P.L. (XP-23-000192, CAPE MAY COUNTY AND STATEWIDE)

Summary

In this appeal, the State challenged a trial court order expunging both the adult criminal record and juvenile delinquency adjudications of P.L. after he successfully completed a Recovery Court special probation sentence. The dispute centered on whether N.J.S.A. 2C:35-14(m) — the Recovery Court expungement statute — allows expungement of certain juvenile adjudications that would be non-expungeable as adult convictions under the general expungement statute, N.J.S.A. 2C:52-1 to -32.1.

P.L. had a prior juvenile adjudication for first-degree conspiracy to commit robbery, an offense that, if committed by an adult, is barred from expungement under the general statute. The State argued that the Recovery Court provision must be read in harmony with the general expungement law, effectively barring such adjudications from removal. P.L., supported by the Association of Criminal Defense Lawyers of New Jersey, argued that the plain language of N.J.S.A. 2C:35-14(m) does not list juvenile adjudications among its exclusions and therefore permits their expungement.

The Appellate Division held that the statute’s plain text governs. While the general expungement law equates juvenile adjudications with adult convictions for eligibility purposes, N.J.S.A. 2C:35-14(m)(2) limits Recovery Court expungements only for “convictions” of certain offenses, with no mention of juvenile adjudications. Because the Legislature clearly used the term “conviction” and omitted “juvenile adjudication,” courts cannot add that language. The panel emphasized that adjudications are not criminal convictions, and legislative omissions must be respected.

Held: A successful Recovery Court graduate may have juvenile adjudications expunged even if the underlying conduct would bar expungement under the general statute. The trial court’s order granting expungement of P.L.’s entire record was affirmed.