What is a Disorderly Persons Offense?
Disorderly persons offenses are defined in N.J.S.A. 2C:1-4 which states:
§ 2C:1-4. Classes of offenses
a. An offense defined by this code or by any other statute of this State, for which a sentence of imprisonment in excess of 6 months is authorized, constitutes a crime within the meaning of the Constitution of this State. Crimes are designated in this code as being of the first, second, third or fourth degree.
b. An offense is a disorderly persons offense if it is so designated in this code or in a statute other than this code. An offense is a petty disorderly persons offense if it is so designated in this code or in a statute other than this code. Disorderly persons offenses and petty disorderly persons offenses are petty offenses and are not crimes within the meaning of the Constitution of this State. There shall be no right to indictment by a grand jury nor any right to trial by jury on such offenses. Conviction of such offenses shall not give rise to any disability or legal disadvantage based on conviction of a crime.
Typically, Disorderly Person Offenses carry a maximum 6 months in prison, up to $1000 fine, along with potential community service and probation period. Petty Disorderly Offenses carry a possible jail sentence of 30 days, up to $500 fine, along with potential community service and probation. Therefore, Disorderly persons offenses and Petty Disorderly Persons Offenses are not considered crimes in New Jersey and the penalties involve 6 months or less of authorized incarceration. However, these are "2C" criminal offenses under the statute, even though they are not considered crimes, and result in a criminal record. As a result, it is imperative to have these offenses expunged if possible.
Can I have my Disorderly Persons Offense Expunged?
The expungement of Disorderly Persons Offenses in New Jersey is governed by N.J.S.A. 2C:52-3 which reads:
§ 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses
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 of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 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 hereof to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.
As you can see, if you have never been convicted of a crime and you have not been convicted of three additional disorderly persons or petty disorderly persons offenses, you are eligible to apply for an expungement after five (5) years from the date of the final resolution of the matter. If you are interested in applying for an expungement in the State of New Jersey, please contact the criminal defense lawyers at the Law Offices of Alexander M. Iler for assistance.
