New Jersey Expungement Lawyers
Bergen County Disorderly Person’s Expungement Attorneys
With the current state of the economy and amount of potential jobs available, it is imperative that anyone seeking employment put themselves in the best possible light when applying. This certainly means making sure that any of your past drunken mishaps get erased off your criminal record. Some of the typical disorderly person offenses which individuals file for an expungement are shoplifting, disorderly conduct, simple assault, harassment and criminal mischief. If you or someone you know has been charged with a disorderly person offense in towns like Bergenfield, Paramus, Fort Lee, Teaneck, River Edge and Elmwood Park and are looking to have their criminal record expunged we can help. The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. Here is some important information with regards to expunging a disorderly persons offense, including the necessary waiting periods as well.
Expunging a Disorderly Persons Offense: N.J.S.A. 2C:52-3
The governing statute in New Jersey for expunging a Disorderly Persons Offense (Misdemeanor) is N.J.S.A. 2C:53-3, which in pertinent part states:
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.
Key Information from above:
- A defendant is disqualified from expunging a conviction for either a disorderly or petty disorderly person offense if the defendant has previously or subsequent too, been convicted of an indictable (felony) crime.
- A defendant who is convicted of three subsequent disorderly persons or petty disorderly persons offenses will be disqualified from having all disorderly or petty disorderly persons offense expunged from their criminal record.
- A defendant’s expungement of a disorderly persons offense(s) may only be granted if the five year waiting period has elapsed. The five year waiting period begins from the date of the conviction, payment of the fine, satisfactory completion of probation or release from incarceration, whichever is later.
- A defendant may not expunge a disorderly persons offenses if they have previously been granted an expungement for a conviction of an indictable offense (felony).
- A defendant may not expunge a disorderly persons offenses if the defendant has previously been granted the dismissal of a criminal charge following the completion of a supervisory treatment or other diversion program (Pre-Trial Intervention & Conditional Discharge).
New Jersey Expungement Firm
The Law Offices of Jonathan F. Marshall has experience and skill set required to successfully protect your interest. If you or someone you know has been convicted of a disorderly persons offense and would like to have it removed from their criminal record we can help. Please contact any one of our Bergen County Offices for a free initial consultation with any one of our eight criminal defense attorneys on staff.