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IN RE FORFEITURE OF NUNEZ

894 A.2d 1176 (2006)

384 N.J. Super. 345

In the Matter of the FORFEITURE OF PUBLIC OFFICE OF Francois D. NUNEZ, a/k/a Francisco Nunez.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 2006.

Attorney(s) appearing for the Case

Martin R. Pachman, Freehold, argued the cause for appellant, City of Union City.

Ty Hyderally, argued the cause for respondent Francisco Nunez.

Before Judges SKILLMAN, PAYNE and SABATINO.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves a public employer's attempt to enforce a forfeiture of the employment of one of its employees based on his conviction of a crime after the conviction was expunged. We conclude that the expungement precludes forfeiture of the employee's position based on the conviction.

On June 28, 1991, respondent Francois Nunez pled guilty pursuant to a plea bargain to unlawful possession...

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