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IN RE LOBASSO

Docket No. A-3577-10T4

33 A.3d 540 (2012)

423 N.J. Super. 475

In The Matter of The Application for Expungement of the Criminal Records of Marino LOBASSO.

Superior Court of New Jersey, Appellate Division.

Decided January 10, 2012.

Attorney(s) appearing for the Case

Daniel B. Kelley , Cherry Hill, argued the cause for appellant Marino LoBasso (Kelley Law Offices, LLC, attorneys; Mr. Kelley , on the brief).

Andrew M. Megill , Assistant Prosecutor, argued the cause for respondent State of New Jersey ( Marlene Lynch Ford , Ocean County Prosecutor, attorney; Mr. Megill , on the brief).

Before Judges AXELRAD, SAPP-PETERSON and OSTRER.

The opinion of the court was delivered by

OSTRER, J.S.C. (temporarily assigned).

Petitioner appeals from a February 9, 2011 Law Division order denying his application to expunge records of his 2005 conviction for third-degree eluding, N.J.S.A. 2C:29-2b. He relies on the recent enactment that reduced the waiting period for expungement of certain indictable offenses from ten years to five years after the date of conviction, payment of

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