New Jersey Expungement of a Disorderly Persons Offense Attorney
I need to expunge a misdemeanor from my record NJ lawyer
How do I get a Disorderly Persons Charge Off my Record? Expunge It
Expungement
In New Jersey, a conviction for a disorderly persons offense or petty disorderly persons offense (such as possession of marijuana under 50 grams, disorderly conduct, simple assault, resisting arrest, or shoplifting in some cases) on your criminal record can present limitations for your future. Why allow a minor infraction or past mistake to impede you as you attempt to secure employment, apply to become a coach for a youth sports team, or make the admirable decision to adopt a child?
Fortunately, New Jersey provides a legal solution for eligible applicants through a process called an expungement, a service Travis J. Tormey provides for his clients on a regular basis. With the help of an experienced expungement attorney like Tormey, you may be able to expunge any documentation of the arrest, criminal complaint issued against you, and ultimate conviction, allowing you the move on with your life with a truly clean slate.
If you meet the necessary criteria, a petition for expungement may be submitted to the Superior Court for approval.
How do I know if I am eligible to have my disorderly persons or petty disorderly persons offenses expunged?
Pursuant to New Jersey’s Criminal Code, an individual may only have up to five (5) disorderly persons offenses/petty disorderly persons offenses expunged or a combination of one felony and up to three (3) disorderly persons offenses expunged. If you aren’t sure where you are eligible for an expungement, the best way to start is to obtain a background check or obtain the court dispositions from each of the Courts your matter(s) have been resolved in.If you are eligible for an expungement, the first step is to petition the Court by filing electronically or on paper. Deciding between a paper or electronic petition is based on the age of the cases you are seeking to expunge. If the petition is filed electronically, some of the cases and their dispositions will populate through the NJCourts expungement portal. Sometimes that does not happen so you may also manually enter the information about the cases you are seeking to expunge. Once the information is properly entered, you must then choose each of the entities that need to be notified of the expungement. Entities include: New Jersey State Police, Attorney General, the Prosecutor’s Office(s), Municipal Court(s), Police Department(s), Jail(s), etc. Once the data entry is complete, you will need to review the petition and proposed order to ensure it is correct. After everything is finalized, the expungement can be submitted. The Prosecutor will then review the petition and decide whether they will consent or object to the petition. If the State consents, the Final Order of expungement will likely be signed by the Judge. If the State objects, then we respond to the objection accordingly. Once the Final Order of Expungement is signed, each of the entities must be notified so they can seal your record. The expungement process is not complete until each of the entities comply with the Order. Due to statewide backlogs, this process has taken significant time from start to finish. By enlisting an experienced criminal defense attorney like Mr. Tormey to facilitate this complex legal process, you can ensure that your expungement petition is submitted and resolved with the best chances for a successful outcome, and (in most cases) you never even have to appear in court.
Mr. Tormey is available anytime to discuss your potential eligibility for an expungement in New Jersey. Contact the offices of The Tormey Law Firm at (201)-556-1570 for a free consultation.
*For additional information pertaining to some of the crimes considered disorderly persons or petty disorderly persons offenses in New Jersey, access the following links:
Expungement of a Disorderly or Petty Disorderly Persons Offense: N.J.S.A. 2C:52-3
The New Jersey Criminal Code authorizes the expungement of a conviction for a disorderly persons (DP) or petty disorderly persons offense (PDP), provided that the applicant meets the necessary criteria prescribed in N.J.S.A. 2C:52-3. An individual who meets the eligibility requirements enumerated in this section will become eligible for an expungement following a 5-year waiting period. It is important to note that this period will commence on the date of conviction, payment of fine, or successful completion of court-imposed conditions, whichever is latest.
N.J.S.A. 2C:52-3 provides, in pertinent part:
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.
Eligibility Requirements for Those Seeking an Expungement for a Disorderly or Petty Disorderly Persons Offense:
- 5 years have passed since the date of conviction, payment of fine, completion of probation, etc. (applies to the latest occurrence associated with the case)
- You have never been convicted of a felony or indictable charge
- You have paid all court-imposed fines
Is there any way I can get an early expungement before 5 years passes? Yes, in some cases.
It should be noted that a petitioner may seek early expungement of their disorderly persons/petty disorderly persons if a period of 3 years has elapsed since the date of conviction (or if payment of fines, completion of probation/parole, etc., occurs afterwards) there has been substantial fulfillment of Court imposed fines/assessments and there are compelling circumstances that exist. Existence of compelling circumstances occurs when there are employment impediments, financial burdens, etc. that prevent the petitioner from being able to wait the normally statutory required waiting period.
Contact an Experienced Expungement Lawyer for a Free Consultation
Even if you are convicted of more than one disorderly or petty disorderly persons offense, Attorney Travis J. Tormey can help you to expunge these cases from your criminal record if you satisfy the above requirements. Expand your opportunities exponentially by enlisting a skilled expungement lawyer if you were charged, convicted, or pleaded guilty to a disorderly persons or petty disorderly persons offense in New Jersey. Mr. Tormey is available anytime to discuss your case or cases and expungement potential. Contact him today at (201)-556-1570 for a free consultation.
