Expunging an Ordinance
Can I Expunge an Ordinance off my Record in NJ?
When a Defendant pleads guilty to a Borough Ordinance there is a common misconception out there that since it was not a criminal offense that their criminal history is clean. That is not the case in New Jersey, especially when the Borough Ordinances was a result of disorderly persons offense being downgraded. When a criminal offense like shoplifting, disorderly conduct, underage possession of alcohol, possession of a fake ID, simple assault or harassment is downgraded to a local Borough Ordinance, the underlying original arrest and the Borough Ordinance will appear on the Defendant’s criminal history. That is why it is absolutely crucial that as soon as a Defendant is able to erase their criminal history that they do so. In New Jersey the laws governing expungements are broken down into different subsections, these subsections are determined by what the final degree of the charge seeking to be expunged was. Each subsection has different rules and waiting periods which must be followed before an expungement can go through in New Jersey.
If you would like to remove a Borough Ordinance from your New Jersey criminal history, the Law Offices of Proetta & Oliver can help. Expungements are rather complex in New Jersey, there are certain procedures and guidelines which must be followed precisely before an individual can successfully petition the courts for an expungement. Our office serves all of Monmouth County, including towns like Holmdel, Middletown, Howell, Hazlet, Belmar, Manasquan, Red Bank, Freehold, Manalapan, Marlboro and Ocean Township. If you would like to speak to Mr. Oliver or one of the other members of our firm then please contact our Middletown Office at (732)858-6959. We are located directly across the street from the Middletown Municipal Court at 18 Kings Highway, Suite 109. Our initial consultations are always free of costs, so if you have any questions, please do not hesitate to contact us.
Can I expunge my Criminal Record in NJ?
All expungements in New Jersey will be governed under N.J.S.A. 2C:52. So whether you are trying to expunge an arrest record, a felony conviction, a disorderly persons offense, a diversionary program or a borough ordinance you will doing so pursuant to NJSA 2C:52. The specific subsection that applies to Borough Ordinances is NJSA 2C:52-4, which states in pertinent part that:
- In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, may, after the expiration of a period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to the Superior Court in the county in which the violation occurred praying that such conviction and all records and information pertaining thereto be expunged.
So in layman’s terms, in order to expunge a Borough Ordinance from your criminal history, you must satisfy the following requirements:
- Never convicted of a felony in this state or any other state;
- If a Defendant has, then that subsection (NJSA 2C:52-2) will dictate whether or not they are eligible for an expungement.
- May only have pled guilty to less than two disorderly persons offenses (misdemeanors) in this state or any other state;
- It has been at least two years since the Defendant pled guilty to the Borough Ordinance.
Expungements are anything but quick in New Jersey. In fact, what used to take at a bare minimum of three months has now been taking closer to five to six months to completely perfect. This is why we stress to clients that as soon as they are eligible to file for an expungement in New Jersey that they take advantage of it. Criminal history always tend to rear their ugly heads at the most inopportune times (ie. job interview or a promotion at work).
Monmouth County NJ Expungement Lawyer
If you or a loved one has been convicted of a Borough Ordinance in New Jersey it is crucial that you remove any trace of it from your criminal history as soon as possible. A criminal history, even for a Borough Ordinance can play havoc on an individual’s life. It can cause problems for a Defendant trying to get accepted into college, getting their dream job or even maintaining their dream job. Our office has been petitioning courts throughout New Jersey for almost a decade now. We serve all of Monmouth County, including Little Silver, West Long Branch, Asbury Park, Manalapan, Keansburg, Union Beach, Freehold and Lake Como. If you would like to come into our Middletown Office and speak with one of the members of our team then please contact us directly at (732)858-6959.