Municipal Ordinances are the lowest degree of criminal offenses in New Jersey. Municipal Ordinances can range anywhere from urinating in public to having an open container of alcohol in a public place. A plea to a municipal ordinance usually results in the payment of a fine and no further penalties involved. In fact, many Disorderly Persons Offenses and Petty Disorderly Persons Offenses, which are "2C" criminal offenses and result in a criminal record, are downgraded as a result of a plea bargain with the prosecutor to a Municipal Ordinance.
N.J.S.A. 2C:52-4 governs the expungement of Municipal Ordinances in New Jersey. It reads:
§ 2C:52-4. Ordinances
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.
Can I have my plea to a Municipal Ordinance Expunged?
According to the above statute, you are eligible for expungement of a Municipal Ordinance in NJ if:
- You have never been convicted of a crime
- You have not been convicted of more than two (2) Disorderly Persons (DP) or Petty Disorderly Persons (Petty DP) offenses
- Two (2) years have passed since the final resolution of your matter
If you meet the above requirements, please feel free to contact our experienced criminal defense attorneys for a free initial consultation regarding the expungement of your municipal ordinance.
