The New Jersey Supreme Court ruled that a criminal sentence including an order of forfeiture of public office with a provision for no future public employment does survive an expungement of the underlying offense. In this case, a police officer was convicted of a disorderly persons offense that touched upon her office. As a result she was subject to forfeiture of public office and a lifetime prohibition of employment with any political subdivision of the State of New Jersey. The petitioner subsequently got an order of expungement for the conviction and argued that the order eliminated both the underlying conviction and the forfeiture bar. However, the Court ruled that while the petitioner was clearly entitled to an expungement, the forfeiture requirement survives the expungement and continues as a bar to public employment.
In the Matter of the Expungement Petition of D.H.
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