Expungement Crime Disorderly Petty Persons

new-jersey-disorderly-conductExpungement of Disorderly Persons or Petty Disorderly Persons Violations in New Jersey

If you were convicted of a disorderly person or petty disorderly person offense in New Jersey, you may be eligible to expunge your conviction. A disorderly person offense is an offense punishable to up to six months in jail. A petty disorderly persons offense is punishable to up to 30 days in jail. Generally these offenses are minor and range from, assault, shoplifting or theft under $200, minor drug charges and disorderly conduct.

The waiting period to have a disorderly persons or petty disorderly persons offense in New Jersey expunged starts upon successfully completing terms of probation ,paying all fines or release from incarceration (whichever is latest). Below are eligibility requirements to have your New Jersey disorderly or petty disorderly offense expunged.

  • 5 years have passed since completion of probation, incarceration and payment of fines (whichever is latest)
  • No pending charges against you
  • Must not be convicted of a crime in New Jersey or another state
  • Cannot have 4 or more disorderly or petty disorderly violations against you
  • Cannot have been granted the dismissal of charges through participation in pre-trial intervention
  • May not have any criminal offense expunged in New Jersey or another state

By having a record expunged, a person previously convicted of a crime greatly limits the number of people with access to that information. Getting an order of expunction avoids a situation where an employer might unjustly exclude a person convicted of a crime. Employers who are concerned about potential tort liability based on the hiring of an employee can often make an argument that the exclusion of a person based on his or her arrest or conviction record is in-line with a business necessity. Disputing an employer’s justification is a time-consuming process that necessitates an attorney specializing in employment and labor disputes. Simply expunging one’s record removes many practical and legal hurdles standing between a job applicant and a new career, avoiding further legal headaches down the line.

An employer in New Jersey may not use an expunged record and should not be able to even locate it. A person who has had his or her record expunged does not have to disclose the fact that the arrest or conviction occurred. Under New Jersey law, records that have been expunged are deemed not to have occurred.