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Sunday, November 15, 2020

IN THE MATTER OF THE EXPUNGEMENT OF THE INVOLUNTARY CIVIL COMMITMENT RECORD OF M.D.V. (L-3447-19, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-0663-19T2)

 IN THE MATTER OF THE EXPUNGEMENT OF THE INVOLUNTARY CIVIL COMMITMENT RECORD OF M.D.V. (L-3447-19, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-0663-19T2)

The process for the expungement of a voluntary or involuntary commitment can be found in N.J.S.A. 30:4-80.8 to -80.11. The statutory scheme does not prohibit additional applications if a first petition is unsuccessful. The relevant language in the statute requires a petitioner seeking expungement to present his or her personal history since the hospitalization, as well as his or her present circumstances, and reputation in the community. N.J.S.A. 30:4-80.8; N.J.S.A. 30:4-80.9. Therefore, the court concludes the dismissal of a petition entered after an evidentiary hearing should be designated as "without prejudice."