NJSA 2C:33-2 is about disorderly conduct, which includes improper behavior like fighting, threating, and offensive language. It is a very common charge, and it is very possible that many people will face this charge. If we get convicted, the record might have influence on our employment or immigration progress. But it is curable if the application of expungement is approved by the court. So here we will talk about the expungement of disorderly conduct and relevant situations.
Criminal offenses in New Jersey fall into two different categories: disorderly persons offenses and indictable offenses. Here we only discuss the disorderly persons offenses. Besides, there is a less serious non-criminal conviction, the municipal ordinance violation.
- Disorderly Persons Offenses: result in criminal charges, but they are not the most serious New Jersey criminal offenses. Events related to disorderly persons offenses, including arrest and conviction, are reflected on your permanent criminal record. These offenses can result in a monetary fine of up to $1,000 and can also result in a jail sentence of up to six months.
- Petty Disorderly Persons Offense: the lowest level of criminal charge in New Jersey, however, it’s still a criminal. If convicted of a NJ Petty Disorderly Persons offense, you will technically have a permanent criminal record and be subject to a fine up to $500 and up to 30 days in the county jail, and this will have to be disclosed on job and housing applications.
- The person, if eligible, may present the expungement application after the expiration of a period of five years from the date of his most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later. Additionally, the court may grant an expungement if less than five years (at least three years) when some conditions are met.
- Municipal Ordinance Violation: if the prosecutors downgrade this criminal charge to a municipal ordinance violation, like a local ordinance violation for disturbing the peace, it would result in a fine and no criminal record. However, according to NJSA 2C: 52-4, you still need to wait two (2) years before expunging your records even though they are not criminal records. See NJSA 2C:52-4:
- 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 person resides or a county in which one or more of the person’s convictions were adjudged praying that such conviction and all records and information pertaining thereto be expunged.
- Dismissal & conditional dismissal: according to N.J.S.A. 2C:52-6, the court can order an immediate expungement if a case is dismissed, or the defendant is acquitted and found not guilty on all counts. If you are admitted into the conditional dismissal program with the charge being dismissed at the end of your probation, you can expunge the record after six months.
This column is for reference only and does not constitute legal advice. For guidance on your specific situation, please contact 201-461-0031, WeChat: songlawfirm, or arrange a consultation via email at mail@songlawfirm.com.
