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Monday, August 12, 2013

E418 Later Discovery by Police of Parole Warrant does not Purge Taint of Unlawful Detention. 3. New Expungement Law Permits Crime Expungement in 5 years if Exemplary Life and Public Interest Shown.

From:Kenneth Vercammen, Esq.
Subject:E418 1. Please sign Kenneth Vercammen's petition for NJ State Bar 2nd Vice-President- We need 50 more signatures. 2. Later Discovery by Police of Parole Warrant does not Purge Taint of Unlawful Detention. 3. New Expungement Law Permits Crime Expungement in 5 years if Exemplary Life and Public Interest Shown. 
Reply:vercammenlaw@njlaws.com





 New Case: Later  Discovery by Police  of Parole  Warrant 
 does not Purge Taint 
 of  Unlawful    Detention.

 New Expungement 
 Law Permits Crime  Expungement in 
 5 years if Exemplary 
 Life and Public 
 Interest Shown.







New Case: Later Discovery by Police of Parole Warrant does not Purge Taint of Unlawful Detention. State v. Shaw __ NJ __ (A-48-11) 12-13-12 
                          
   The police did not have a reasonable, articulable suspicion of criminal activity to justify the investigatory detention, which was based on nothing more than a non-particularized racial description of the person sought. The parole warrant was not an intervening circumstance that sufficiently purged the taint from the unlawful detention. 
  New Expungement Law Permits Crime Expungement in 5 years if Exemplary Life and Public Interest Shown. In re Kollman Petition for Expungement __ NJ __ (A-126-10) July 9, 2012

Defendants seeking relief under the statute's new five-year pathway to expungement have the burden of proving why expungement of a criminal record is in the public interest. Because petitioner appears to have met that burden, the Court reverses the denial of his expungement application and remands to the trial court to assess the petitioner's character and conduct as of the date of its new ruling