Expungement of a Local Ordinance Violation in New Jersey
Clearing a Municipal Ordinance Conviction in Sussex and Warren Counties
Expungement of a Local Ordinance Violation in NJ
Not every conviction entered in a New Jersey municipal court is a disorderly persons offense.
Municipalities can enact local ordinances governing conduct within their communities, and a person found guilty of violating one of those ordinances may have a municipal ordinance conviction on the record rather than a conviction under New Jersey’s criminal statutes. Common examples include local ordinances addressing noise, drinking in public, disturbing the peace, or property maintenance issues such as trash and recycling rules.
That distinction matters for expungement.
N.J.S.A. 2C:52-4 establishes a specific route for expunging qualifying municipal ordinance violations. The eligibility requirements and waiting period differ from those governing indictable crimes and disorderly persons or petty disorderly persons offenses.
Whether your case was heard in a municipal court in Sussex or Warren County recently or decades ago, the expungement lawyers at The Tormey Law Firm can review your record. Call 973-755-1695 for a free initial consultation.
Was I Convicted of an Ordinance Violation or a Disorderly Persons Offense?
The fact that a case was heard in municipal court does not answer that question.
New Jersey municipal courts handle matters involving disorderly persons and petty disorderly persons offenses as well as violations of municipal ordinances.
A local ordinance is enacted by a municipality. A disorderly persons or petty disorderly persons offense, by contrast, is an offense established under State law.
For someone reviewing an older case, identifying the actual provision under which the conviction was entered is important because the two types of convictions are governed by different expungement statutes.
Why the Difference Between an Ordinance and a DP Offense Matters
The classification can materially change the expungement analysis.
A municipal ordinance violation is governed by N.J.S.A. 2C:52-4 and ordinarily carries the two-year period described below.
A disorderly persons or petty disorderly persons conviction is analyzed under N.J.S.A. 2C:52-3, which contains its own eligibility requirements and timing rules.
That is why someone should not rely solely on the fact that the case occurred in municipal court or involved a relatively minor offense.
The actual disposition and provision of law under which the person was found guilty determine which expungement statute governs.
How Long Must You Wait to Expunge a Municipal Ordinance Violation?
N.J.S.A. 2C:52-4 generally establishes a two-year period for expungement of a qualifying municipal ordinance conviction.
The two years do not necessarily begin on the date the person appeared in court.
The statute measures the period from the latest of:
- The date of conviction;
- Payment of the fine;
- Satisfactory completion of probation; or
- Release from incarceration.
Whichever of those applicable events occurred last controls the calculation.
For example, if a person was convicted more than two years ago but paid the court-imposed fine at a later date, the conviction date alone would not determine when the statutory period was completed.
What Other History Can Affect Eligibility?
Does a Prior or Later Criminal Conviction Affect Eligibility?
Yes.
N.J.S.A. 2C:52-4 requires that the person not have been convicted of a prior or subsequent crime, whether the conviction occurred in New Jersey or another jurisdiction.
This makes the person’s criminal history an important part of the ordinance-expungement analysis.
A person should therefore review more than the individual municipal case before determining eligibility.
What About Disorderly Persons Convictions?
The statute also places a limit on disorderly persons and petty disorderly persons history.
To qualify under N.J.S.A. 2C:52-4, a person cannot have been adjudged a disorderly person or petty disorderly person on more than two occasions.
Accordingly, one or two DP/PDP adjudications do not automatically prevent an otherwise qualifying municipal ordinance conviction from being expunged under this section.
More than two can prevent relief under the municipal ordinance provision.
Does an Out-of-State Conviction Matter?
It can.
N.J.S.A. 2C:52-4 expressly requires that the applicant have no prior or subsequent conviction for a crime, whether in New Jersey or another jurisdiction.
An applicant should therefore consider criminal convictions outside New Jersey when evaluating eligibility to expunge a New Jersey municipal ordinance violation.
The analysis should not be limited to what appears in the municipal court case being expunged.
What If I Previously Had a Criminal Conviction Expunged?
This is one area where municipal ordinance expungements receive distinctive treatment.
N.J.S.A. 2C:52-14 generally contains a restriction involving a person who previously had a criminal conviction expunged or sealed under prior law. However, the statute expressly states that this particular restriction does not apply when the person is seeking expungement of a municipal ordinance violation.
That does not eliminate the other eligibility requirements of N.J.S.A. 2C:52-4.
It does mean that a previous criminal-conviction expungement should not automatically be treated as a bar to an otherwise qualifying municipal ordinance application under the prior-expungement provision.
What If a Criminal Charge Was Downgraded to an Ordinance Violation?
Some municipal court cases begin with a charge under State law, such as disorderly conduct, but ultimately resolve through a plea to a municipal ordinance violation.
For expungement purposes, the final disposition is important. If the person was ultimately convicted of a municipal ordinance violation, that conviction can be analyzed under N.J.S.A. 2C:52-4, but the applicant must still satisfy the criminal-history and other requirements imposed by that statute.
The disposition of any other charges arising from the case should also be reviewed rather than assuming that every charge was resolved in the same manner. A downgraded case may also have generated an arrest record for the original charge that should be addressed as part of the expungement.
This can be especially important in an older case where the person remembers the original charge but not the precise offense reflected in the final judgment.
What If the Ordinance Charge Was Dismissed?
A dismissed ordinance charge is different from an ordinance conviction.
N.J.S.A. 2C:52-4 applies when a person was found guilty of violating a municipal ordinance.
When an ordinance charge instead ends in a qualifying dismissal, acquittal, or discharge without a conviction or finding of guilt, N.J.S.A. 2C:52-6 governs the expungement analysis. Learn more about expunging an arrest that did not result in a conviction.
A person whose ordinance charge was dismissed therefore should not automatically apply the two-year rule used for ordinance convictions.
Where Is a Municipal Ordinance Expungement Filed?
A petition to expunge a municipal ordinance conviction is filed in the Superior Court.
N.J.S.A. 2C:52-4 permits a qualifying person to present the petition in the county where the person resides or a county in which one or more of the person’s convictions were adjudged.
The general petition provision, N.J.S.A. 2C:52-7, likewise permits an expungement petition to be filed in the county where the petitioner resides or a county in which one or more of the petitioner’s matters were disposed of.
What Happens If the Ordinance Violation Is Expunged?
An expungement addresses the records and information associated with the qualifying conviction in accordance with New Jersey’s expungement statutes.
Expungement should not be confused with physically destroying every record. New Jersey defines expungement in terms of extracting and isolating qualifying records from ordinary access, subject to the exceptions contained in the law.
The result is significant legal protection for an eligible municipal ordinance record while preserving the limited uses and access that New Jersey law expressly allows.
Reviewing an Older Municipal Court Case
Older municipal court records can sometimes be difficult to evaluate from memory alone.
Someone may remember receiving a fine or appearing before a municipal judge without remembering whether the final disposition was an ordinance violation, a disorderly persons offense, a downgrade from another charge, or a dismissal.
Obtaining and reviewing the disposition can answer that threshold question.
Once the type of disposition is identified, the appropriate expungement provision and timing requirements can be evaluated.
Sussex and Warren County Municipal Ordinance Expungement Lawyers
The Tormey Law Firm represents clients seeking expungement of municipal ordinance convictions in Sussex County, Warren County, and throughout New Jersey.
A local ordinance conviction can have a different expungement path from a disorderly persons offense or indictable crime. Determining whether a record qualifies begins with identifying the actual disposition, reviewing the person’s criminal and DP/PDP history, and calculating the applicable two-year period. We also assist with expungement after diversionary programs and other qualifying records.
If you were convicted of a municipal ordinance violation in Newton, Sparta, Hopatcong, Vernon, Franklin, Hackettstown, Washington, Phillipsburg, or another Sussex or Warren County municipality, contact The Tormey Law Firm to discuss whether the conviction may qualify for expungement under New Jersey law. Call 973-755-1695 or contact us online for a free initial consultation.
