New Jersey Supreme Court Decision – Expungement in New Jersey and Child Protection Law 

On July 31, 2024, the New Jersey Supreme Court decided the case of New Jersey Division of Child Protection and Permanency v. A.P., 258 N.J. 266 (2024), which addressed the use of expunged criminal records in a Title 9 abuse and neglect proceeding. The Supreme Court upheld the lower courts’ rulings, which allowed the Division of Child Protection and Permanency (Division) to use A,P.’s expunged records in the factfinding trial regarding the abuse and neglect of his son, D.P. 

Facts and Procedural History: Expungement in New Jersey Case 

The case originated in March 2019 when emergency personnel were called to A.P.’s (referred to as Arlo) home and found his two-year-old son, D.P. (Daniel), unresponsive. Daniel was transported to the hospital, where he underwent emergency surgery for a skull fracture and subdural hemorrhage. Arlo and his girlfriend, T.C. (Tiffany), reported that Daniel had tripped and fallen, but the injuries were inconsistent with their explanation. The Division removed Daniel from Arlo’s custody, and Arlo was arrested and charged with endangering the welfare of a child. 

The criminal case against Arlo ended when a grand jury declined to indict him, and his criminal records were subsequently expunged in January 2022. However, the Division subsequently filed a motion to use the expunged records in the Title 9 civil proceeding to determine if Daniel had been abused or neglected. The trial court granted the Division’s motion, finding “good cause and a compelling need” under N.J.S.A. 2C:52-19, which allows for the inspection and use of expunged records in certain circumstances. The Appellate Division affirmed.  

Legal Issues and the Court’s Holding: Expungement in New Jersey 

In addressing the legal issues, the New Jersey Supreme Court analyzed the requirements of N.J.S.A. 2C:52-19. The statute permits the use of expunged records when there is good cause and compelling need based on specific facts, and when the subject matter of the records is directly related to ongoing litigation or judicial proceedings. The Court concurred with the lower courts that these conditions were met in this case. The criminal and civil proceedings both stemmed from the same incident, and the expunged records were deemed essential to the Division’s case due to the lack of other evidence. 

The Court emphasized that the Division had demonstrated a compelling need for the expunged records because Daniel, due to his young age and medical condition, was unable to testify about the incident. The expunged records were likely to provide crucial evidence regarding Daniel’s injuries. Additionally, the Court noted that the disclosure of these records would be limited to the Title 9 proceeding, otherwise maintaining the confidentiality required by law. 

Conclusion: Key Takeaways on Expungement in New Jersey 

The New Jersey Supreme Court’s decision to affirm the Appellate Division’s judgment and allow the Division to use expunged records in the Title 9 factfinding trial highlights the importance of balancing privacy with the need to protect vulnerable children. This ruling reinforces the principle that expunged records can be utilized in child protection cases when there is a compelling need, provided that the statutory requirements are met. The case was remanded to the trial court for further proceedings, including determinations on the admissibility of the expunged records during the trial. 

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