How to Get a Misdemeanor Expunged in New Jersey
In New Jersey, when a record is expunged, it means that record is no longer available to the public. This does not mean that the record is erased; instead the record is moved to a special location unavailable to the public. Therefore, when people do searches through the courts, police or even FBI agencies, they will be unable to find information about your record. (NJS 2C:52-1).
Petty or disorderly persons offenses
A disorderly persons offense or petty disorderly persons offense is often referred to as a misdemeanor. The most frequent types of disorderly persons offenses are:
- Simple Assault
- Possession of Less than 50 Grams of Marijuana
- Drug Paraphernalia
- Disorderly Conduct
- Resisting Arrest
- Bad Checks
Requirements to Expunge a Misdemeanor
In order to be eligible to expunge a petty or disorderly persons offense, an individual must have no pending charges and no more than three (3) petty or disorderly persons convictions, as well as having never been convicted of a felony offense. Furthermore, five (5) years must have passed since the date of conviction, payment of fines, successful completion of probation, or release from incarceration (whichever is later). In other words, a petty or disorderly persons conviction will follow an individual around for a minimum of 5 years (absent defense and/or a downgrade of the charge). (NJS 2C:52-3). These offenses have the potential penalty of up to six (6) months in jail, fines, probation, and even driver’s license suspension.
Misdemeanor Expungement Process
Once the five (5) years have expired and the other requirements have been met, you can contact Expunge My Record NJ to prepare your petition and request that the conviction and all records and information pertaining to that conviction be expunged. This attorney completed petition is sent to the Superior court in the county in which the conviction occurred. Once a petition has been filed, it may take a minimum of three (4-5) months for your record to be expunged.