Experienced New Jersey Criminal Defense Lawyers

Disorderly Persons Offense

This section (N.J.S.A. 2c:52-3) of the Expungement Statute deals only with persons who have never had a conviction for a crime, which in New Jersey is an indictable (felony) offense. If you have had an indictable conviction, you are not eligible under this section, but you may be eligible under 2C:52-2 dealing with Indictable Convictions.
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Eligibility Requirements for Disorderly Persons and Petty Disorderly Person Convictions
 
This statute permits expungement for 3 classes of people:
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• The person has been convicted under the laws of New Jersey or any other State on the same or separate occasions of no more than four (4) disorderly persons offenses, no more than four (4) petty disorderly persons offenses, or a combination of no more than four (4) disorderly persons and petty disorderly persons offenses.  This allows a person a total of four (4) disorderly persons and/or petty disorderly persons offenses that can expunged. If you have more than that you are not eligible to have any of your convictions expunged under this section.  You may, however, still qualify under the other sections below and you can always have arrests expunged for which you were not convicted.

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• The person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses in New Jersey (or a combination of both), which convictions were entered on the same day and does not otherwise have any prior or subsequent conviction for another offense in addition to those convictions included in the expungement application. This section allows for the expungement of an unlimited number of offenses where the convictions were all entered on the same day. The language is unclear as to whether the person cannot have any prior or subsequent offenses at all or whether they cannot have other offenses that are not included in the expungement application.

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• The person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses in New Jersey (or a combination of both) which were interdependent or closely related in circumstances and which were committed as part of a sequence of events that took place within a short period of time, regardless of the date of conviction or sentencing for each offense, and the person does not otherwise have any prior or subsequent conviction for another offense in addition to those included in the expungement application (whether in New Jersey or another state). This permits expungement of an unlimited number of disorderly persons or petty disorderly persons offenses that meet the “Spree” requirements. An example of this would be if you committed a number of shoplifting offenses during a short period of time. You would be eligible for expungement even if you were convicted of them in different Municipal Courts on different dates of conviction.