Disorderly Persons Offense Expungement

Disorderly Persons Expungement Attorney in Mount Laurel NJ

Are you looking to expunge your criminal record in New Jersey? If so, it is important that you understand the filing requirements and eligibility standards under NJ law. Expunging municipal court disorderly persons offenses requires the same procedure and documentation as expunging a felony indictable offense. If you would like to clean your criminal record of marijuana possession charges, simple assault, harassment, shoplifting, disorderly conduct, theft or possession of drug paraphernalia, contact the Burlington County Expungement Attorneys at Proetta, Oliver & Fay. We have successfully filed for thousands of expungements throughout New Jersey and even filed appeals of denials with the Appellate Division. For and immediate consultation with an attorney today, please contact our Burlington County Office at (609) 850-8284. We can be reached 24/7 for your convenience and the initial consultation is provided free of charge.  

How Many Charges Can I Get Expunged?

Beginning October 1, 2018, expungements of disorderly persons offense will slightly change. Pursuant to N.J.S.A. 2C:52-3, defendants will be able to expunge up to four disorderly persons or petty disorderly persons offense (any combination of those two types of crimes just so long as it does not exceed four separate events). If you also have a felony criminal offense on your record, then you must refer to the “felony” section of the expungement statute located a N.J.S.A. 2C:52-2. For our purposes, we will deal with criminal records that only contain disorderly persons offenses and petty disorderly persons offenses.

If you have four or fewer disorderly persons of petty disorderly persons offenses, then you can file for an expungement under the following circumstances:

• Five (5) years have passed from the date of his / her most recent conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later;
  • The term “fine” as used herein and throughout this section means and includes any fine, restitution, and other court-ordered financial assessment imposed by the court as part of the sentence for the conviction, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes.
• You must submit the application for expungement with the Superior Court in the county in which the most recent conviction for a disorderly persons or petty disorderly persons offense occurred.

Do I Have to Wait 5 Years to Expunge a Disorderly Persons Offense?

No. There is an alternative to waiting the five (5) year period. Specifically, the Court may grant an expungement when the Court finds:

1. At least three (3) but less than five (5) years have expired from the date of the most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; and
2. The person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction; and
3. The court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense or offenses, and the applicant’s character and conduct since the conviction or convictions.

As you can see, there are two ways to obtain an expungement of your misdemeanor disorderly persons offenses: (1) Wait five (5) years from successful completion of fine/probation/incarceration, or (2) Apply for early pathway expungement under N.J.S.A. 2C:52-3b(1)-(2). In either situation, it is recommended that you consult with an attorney to ensure that you file the appropriate motion and avoid denial based on insufficient documentation or ineligibility.

Burlington County Expungement Attorneys

If you or a family member need to get an expungement of a disorderly persons offense or indictable felony offense involving crimes like possession of marijuana under 50 grams, simple assault, terroristic threats, possession of a weapon for an unlawful purpose, credit card fraud, receipt of stolen property, criminal mischief, possession of drug paraphernalia, contact our Burlington County law firm at (609) 850-8284. We have successfully filed for and been granted expungements for thousands of clients. The expungement process is long and it is always advised to start the process early. Call today for a complimentary consultation with an attorney about your expungement eligibility.