Expunging Disorderly Persons Offenses

Expunging Disorderly Persons Offenses Attorneys in NJ

If you have been convicted of a disorderly persons offense like possession of marijuana under 50 grams, simple assault, harassment, shoplifting, criminal mischief or disorderly conduct in Mercer County it is imperative that you expunge that conviction as soon as possible. It is important to note here that a disorderly persons offense, is New Jersey’s version of a misdemeanor. It is a degree of an offense and not a specific offense. With that being said, it is well known by now that New Jersey has very strict procedures when it comes to expunging an individual’s criminal history. Not only are there certain waiting periods that must first be satisfied but there is also a limit on the number of disorderly persons offenses that may be expunged. If you have been convicted of a disorderly persons offense in Mercer County, in towns like Hamilton, Lawrence, Princeton, Robbinsville, Ewing, Hightstown, East Windsor or Hopewell, the Law Offices of Proetta & Oliver can help. Our attorneys have been erasing disorderly persons offenses from client’s criminal history for almost a decade now. We have a firm grasp on the expungement laws in New Jersey, which can be very complex at times. Now here is some information on expunging a disorderly persons offense in New Jersey, including what the necessary waiting period is.

Expungement Attorneys in Trenton NJ

All expungement related laws in New Jersey will be governed under NJSA 2C:52. The legislatures decided to breakdown the expungement laws by the degrees of offenses. So for example, if a Defendant is attempting to expunge a felony conviction, the rules and procedures will be different than say a disorderly persons offense. That is why it is key if you are seeking to expunge your criminal history that you speak to an experienced New Jersey expungement lawyer about your options. Now here is some information on the section that deals with disorderly persons offenses.  Disorderly Persons Offense expungements will be governed by NJSA 2C:52-3, which states in pertinent part:

  • Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or who has not been convicted of a disorderly persons or petty disorderly persons offense on more than two other occasions, may, after the expiration of a period of five years from the date of his most recent conviction, payment of fine, satisfactory completion of probation or release from incarceration for any disorderly persons or petty disorderly persons offense, whichever is later, present an expungement application to the Superior Court in the county in which the conviction for the most recent disorderly persons or petty disorderly persons offense was adjudged.

So, in layman’s terms, a Defendant seeking to expunge a disorderly person’s conviction:

  1. Must have never been convicted of a felony offense;
  2. Must have never been convicted of more than three (3) disorderly persons or petty disorderly persons offenses;
  3. Must have satisfied the five (5) year waiting period.
    1. However, that time period restriction may be relaxed if the underlying reason that the time period had not expired was based on the satisfaction of a fine.
    2. That time period restriction may be reduced to three if the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant’s character and conduct since conviction.

Do I need an Attorney for an Expungement in NJ?

The short answer is no. Anyone can petition the superior court of the county in which the conviction occurred to expunge their criminal history. In fact, the courts have made available online expungement packets. These packets do simplify, at least to some extent, a rather complicated process. However, with that being said, expungements can become problematic. Outside the complex statute, there are a lot of different parties that need to be served with the expungement. On top of that, there are certain time frames which must be met in order for an expungement to be successfully completed. If you would like to discuss the procedure in greater depth before you make your decision, please contact our office at (609)789-0779 our attorneys are standing by to help assist in anyway that we can.  

Expungement Attorneys in New Jersey

Having a criminal record can cause absolute havoc when it comes to obtaining or even maintaining meaningful employment. All too often we get an inquiry from an individual who is the midst of a promotion and something from their childhood pops up on their criminal history and they are in a panic trying to expunge it. Unfortunately it is not something that takes place over night, in fact it takes at a bare minimum three months to perfect. Therefore, it is absolutely crucial that the second you are eligible to expunge your record, you take advantage of it. Our office has been erasing marijuana possession, disorderly conduct, harassment, trespassing, possession of fake id’s, underage drinking and drug paraphernalia charges off client’s criminal history for years now. If you would like to speak to one of our attorneys about your options then please contact us at (609) 789-0779.