Expungement 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.

Expungement of New Jersey Municipal Ordinance Violations

New Jersey allows for the expungement of municipal ordinance violations. A municipal violation generally is defined as an offense violating a city ordinance. In order to qualify for expungement of a municiple ordinance violation in New Jersey, certain conditions must be met.

The waiting period to expunge a New Jersey municipal ordinance violation starts after completion of probation, payment of all fines and restitution, or release from incarceration (whichever is latest.) Below are eligiblity requirements to expunge a New Jersey municipal ordinance violation.

1. 2 years have passed since the terms of probation, incarceration or payment of all fines (whichever is latest)
2. No pending charges are against you
3. Must not be convicted of a crime in New Jersey or another state
4. Cannot have 3 or more disorderly or petty disorderly violations against you

Consider a free eligibility test for Expungment from Recordgone.com.

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.

Municipal ordinance violations are classified as misdemeanor convictions. Also included are charges such as disorderly persons. Thankfully, it may be possible to have your misdemeanor violation expunged. 

You must first determine whether or not you are eligible for an expungement. Please note that this is only a general rule of thumb and you should always consult with a lawyer or attorney that specializes in expungement. 

• 2 years must have passed since the completion of probation, fine payments, or incarceration.
• There are no pending charges against you.
• You must not have been convicted of a crime (indictable or felony) in New Jersey or any other state.
• You cannot have three or more disorderly or petty disorderly violations.

There are also several requirements you must meet if you want to expunge a disorderly persons violation:

• Five years must have passed since the last probation, incarceration, or payment of fines.
• There must be no pending charges against you.
• You must not have been convicted of a crime in New Jersey or another state.
• You cannot exceed more than three disorderly or petty disorderly violations against you.
• You must not have been granted a dismissal of charges in a pretrail.
• You must not have any criminal offense expunged in New Jersey or any other state before.

As you can see, it can become very confusing and complicating to have your record expunged. This is why we strongly recommend the professional service of a law firm specializing the Expungement for New Jersey Misdemeanors.

There are a few cases where you cannot get an expungement, such as for a DUI and other motor vehicle expenses.

It typically takes about five to six months for your record  to be expunged. This time period can vary depending on the first-come first-serve basis, and the workload of the court.

If you are well spoken and have a law background, you may have a chance at expunging your record yourself by appearing in court. Otherwise, it is in your best interest to have a New Jersey expungement firm working for you because the return on investment is crucial for your future in finding a job.