West Orange Disorderly Persons Offense Expungement Lawyers
Helping Clients Expunge Disorderly Persons Offenses in Essex County and throughout New Jersey
If you are not sure about getting an arrest and/or criminal conviction expunged from your record, it is important to consider the impact an expungement will have on numerous aspects of your life. An expungement seals your record from the public. This type of sealing can impact you professionally, educationally, and financially because it allows you to move beyond your past experiences. In limited situations, however, your background may still be visible despite successfully expunging your record. For example, when applying for certain types of employment opportunities your background may be still visible when undergoing higher-level background checks. Despite this, isolating your background from the public will give you the ability to start over.
If you have disorderly persons charges on your criminal record and are thinking of applying for an expungement, call our experienced lawyers today to see if you are eligible. We can assist you with removing one or several disorderly persons and petty disorderly persons offenses in Newark, Verona, North Caldwell, Nutley, Millburn, Maplewood, Bloomfield, West Orange, Livingston and throughout Essex County, New Jersey. Please feel free to contact us 24/7 at 201-654-3464 for a free consultation.
How do I Remove a Disorderly Persons Offense from my Record in New Jersey?
A disorderly persons offense is a misdemeanor, which means there are lighter penalties involved than one would receive for an indictable offense (otherwise known as a felony offense). Despite the lower penalties, disorderly persons offenses still show up on background checks. Petty disorderly persons offenses carry even lesser fines than disorderly persons offenses, but equally show up when a criminal background check is run. Generally, disorderly persons and petty disorderly persons offenses are heard in a Municipal Court. Disorderly persons offenses include, but are not limited to: simple assault, disorderly conduct, possession of less than 50 grams of marijuana, drug paraphernalia, and more.
N.J.S.A. 2C:52-3 provides the statutory authority for expungement of disorderly persons and petty disorderly persons offenses. The statute articulates that a person who has been convicted of no more than five petty disorderly persons offenses, no more than five disorderly persons offenses, or a combination of no more than five petty disorderly persons offenses and disorderly persons offenses within New Jersey or another jurisdiction, may present an expungement application. Ultimately, the person would be eligible to file an expungement petition if he or she has up to five disorderly persons offenses in New Jersey.
What is the Waiting Period for Expungement of Disorderly Persons Offenses in NJ?
The person, if eligible, may present the expungement application after the expiration of a period of five years from the date of his or her most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later.
Additionally, an application may be filed if less than five years have expired when the court finds:
1) a court-ordered financial assessment is satisfied but less than five years have expired from the date of satisfaction, the five-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered or could not do so due to compelling circumstances,
2) at least three but less than five years have expired from the date of the most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later; and
3) 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 the court finds in its discretion that compelling circumstances exist to grant the expungement.
I have one New Jersey disorderly persons offense and a couple of misdemeanor offenses from other states. Can I get them expunged in New Jersey too?
No, you are only allowed to expunge New Jersey offenses in the State of New Jersey. However, it is important to let us know your out-of-state offenses too, because you must also include out-of-state offenses in your expungement petition. While you may be unable to expunge these out-of-state offenses in New Jersey, they do count toward your eligibility. For example, if you have 2 misdemeanor offenses in New York, they will be added toward your five disorderly persons offenses. So, while you may not be able to expunge these in the State of New Jersey, that will count toward your New Jersey expungement eligibility.
What if I was arrested for a disorderly persons offense but it was dismissed?
When you have a matter that was dismissed, you can expunge the arrest immediately. There is not a traditional waiting period for this type of expungement. In addition to dismissal, sometimes a person may have been admitted into a diversionary program known as Conditional Discharge or Conditional Dismissal. After completion of Conditional Discharge or Conditional Dismissal, generally the matter shows as dismissed, and a person is eligible to file for an expungement six months after the completion of the program.
What if my disorderly persons charge was downgraded to a municipal ordinance violation?
A person that has been found guilty of violating a municipal ordinance 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 file an expungement petition after the expiration of a period of 2 years from the date of a person’s conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later. Municipal ordinance violations commonly are disposed of by the payment of fines. As a result, these types of violations are considered quasi-criminal in nature and can help you avoid having to admit to being convicted of a criminal offense if and when you are asked on an application.
I want to expunge a disorderly persons offense in NJ, What is the expungement process like?
First, we begin by requesting a Certified Disposition or Judgment of Conviction from the Court. These documents are records that indicate the results of a Court proceeding. Next, we draft the expungement documents, have the client review the drafted documents, and send it off to the Court. Once the petition is filed and it is received back, we then serve government entities with an order setting a hearing date. This hearing is usually administrative in nature, and the parties that must be served include: the Attorney General of the State of New Jersey, the Superintendent of the New Jersey State Police, the Police Department giving rise to the charge, the Municipal Court giving rise to the charge, the County Prosecutor’s Office, the County Sheriff’s Department, the County Probation Department.
These parties will be served for each arrest/conviction so locations are dependent on the number of arrests/convictions and where they occurred. In some instances, the prosecutor may object to the expungement so the process may be prolonged to demonstrate one’s eligibility. If the expungement successfully goes through, the final order of expungement must again be served on the above entities. Finally, then we wait for the information to be removed from the New Jersey State Police’s databases. Currently, the time for the process takes about eight months to one year.
Need a Lawyer for Disorderly Persons Offense Expungement in Montclair NJ
To find out more about your potential expungement for disorderly persons offenses in New Jersey, call 201-654-3464 today. Our knowledgeable expungement attorneys are available immediately to answer your questions and discuss your record and eligibility. We are here 24/7 to provide you with a free consultation.