Expunging Disorderly Persons Offense
NJ Expungement Lawyers
If you have been convicted of a disorderly persons offense in New Jersey then you will have a permanent criminal record. That criminal record will remain there for at least three years until the individual petitions the courts to remove it. New Jersey does not automatically erase an individual’s criminal record, regardless of the offense or resolution thereof. All expungement in New Jersey will be governed by NJSA 2C:52. As you will see below, expungements are anything but straightforward. There are specific rules that apply to specific types of offenses. For example, before a Defendant can petition the courts to expunge a disorderly or petty disorderly persons offense, like shoplifting, they must wait at least three years before doing so. If you have been convicted of possessing marijuana, shoplifting, disorderly conduct, trespassing, simple assault, harassment, criminal mischief or possession of drug paraphernalia in Monmouth County, we can help expunge it off your record. Our attorneys have been successfully petitioning Courts throughout New Jersey for years now. We have helped individuals erase shoplifting, disorderly conduct, trespassing, possession of marijuana under 50 grams, theft and criminal mischief convictions off of their record.
We serve all of Monmouth County include towns like Freehold Borough, Little Silver, Rumson, Manasquan, Red Bank, Sea Bright, Oceanport, Aberdeen and Lake Como. If you would like to speak with an attorney today about your options then please contact us at (732)858-6959. We offer free face to face consultations, so, if you have questions whatsoever, please do not hesitate to contact us. A criminal conviction always tends to rear its ugly head at the most inopportune times and the worst part is, is that it takes at least three months to perfect an expungement in New Jersey. There is nothing that can be done to speed up that process. So, the key is to avoiding that situation and once you are eligible for an expungement, file for it. Here is some more information expunging disorderly persons offenses in New Jersey.
Can I Erase my Criminal Record in NJ?
When it comes to expunging criminal records in New Jersey there are very strict procedures that must be followed. First and foremost, when it comes to expunging an individual’s record, you must first find which section of the statute applies to your case. When it comes to expunging an individual’s criminal record where in which there is only one degree of offenses (ie. felony or disorderly persons offense), it is rather straightforward which section would apply. However, when an individual has been convicted of not only a disorderly persons offense but a felony as well, then you must look to the “felony” section of the statute, as that section controls. The highest degree of offense will always dictate what section of the statute will apply. The specific statute that covers expunging disorderly persons offense is 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.
With that being said, there are certain exceptions in regards to the time frame. They include:
- If the five years time period has expired but the fines have not been paid in full, the time period can be relaxed if it is determined that the Defendant “substantially complied” with the payment plan; or
- If at least three years have expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later and the Defendant has not been convicted of another offense since the time of the original conviction; and 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, the time period may be relaxed.
As you can expungements in New Jersey are anything but straightforward and what has been addressed above only deals with whether or not an individual is eligible for an expungement in New Jersey. Actually petitioning the court for an expungement is equally as difficult. If you would like to speak to one of our New Jersey expungement lawyers then please contact us directly at (732)858-6959.
What are the most common Disorderly Persons Offenses Expunged in NJ?
Some of the most common disorderly persons or petty disorderly persons offenses that we help expunge off of individual’s criminal history in Monmouth County include:
- Disorderly Conduct;
- Possession of a Fake Id;
- Possession of Marijuana Under 50 Grams;
- Resisting Arrest;
- Failure to turn over CDS;
- Loitering for the purpose of obtaining CDS.
Expungement Attorneys in Monmouth County NJ
If you have a criminal record in New Jersey it is imperative that you seek to expunge that record as soon as you are eligible. A criminal conviction for an offense like possession of marijuana or shoplifting could have a significant impact on whether or not an individual can obtain meaningful employment or even obtain professional licenses as well. Our office serves all of Monmouth County, including towns like Howell, Manalapan, Freehold, Aberdeen, Hazlet, Middletown, Holmdel, Keyport, Red Bank and Marlboro. To speak with one of our Monmouth County expungement attorneys today about your options, then please contact us at (732)858-6959.