IN RE CRIMINAL RECORDS OF H.M.H.

DOCKET NO. 17422.

960 A.2d 821 (2008)

404 N.J. Super. 174

In the Matter of the Expungement of the CRIMINAL RECORDS OF H.M.H., Petitioner.

Superior Court of New Jersey, Law Division.

Decided January 17, 2008.


Attorney(s) appearing for the Case

Vincent J. Gaughan, Mount Holly, for petitioner.

William P. Fisher, Assistant Prosecutor, for State of New Jersey (Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney).


PEREKSTA, J.S.C.

The question decided in this action is whether a person who has pled guilty to a disorderly persons offense of simple assault is barred from having that offense expunged because the offense constituted an act of domestic violence. The Mercer County Prosecutor contends that N.J.S.A. 2C:52-14(b) coupled with N.J.S.A 2C:58-3(c), and in consideration of the Lautenberg Amendment to the Federal Gun...

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