Municipal Ordinance Violation

A Municipal Ordinance is a law passed by the local government, as opposed to the State. This includes laws passed by a specific city or county. The violations will vary depending on the area, but common Municipal Ordinance violations include marijuana and alcohol cases, shoplifting, disobedience to lawful orders, harassment, domestic violence, and disturbing the peace.

Expungement eligibility

If you have been arrested for the violation of a Municipal Ordinance, you are eligible for a NJ expungement as long as:

1. You have not been convicted of any other felony offense (in any other State); and
2. You have not been convicted of more than two misdemeanor offenses (disorderly or petty disorderly persons).

If you meet these criteria, you may petition for an expungement after a 2-year waiting period. The waiting period begins from the date of the conviction, payment of the fine(s), or successful completion of probation or incarceration release—whichever is the latest. (N.J.S. 2C:52-4). A new law was recently enacted that allows the court to relax the waiting period beginning from the date of complete payment of the fines. If the payments are made on schedule, or if the court accepts sufficient reasons for nonpayment, the waiting period may begin from the date of conviction, completion of probation, or release from incarceration.

Example

You were arrested for possession of marijuana, which is then downgraded to the municipal ordinance possession of alcohol. You are convicted of this violation on February 13, 2013. You were ordered to complete a 2-month probation program, which you successfully completed on April 20, 2013. You did not have enough money to pay the fines in full at the time of the arrest, so the court set up a payment schedule ($50 each week, for 15 weeks), which you have paid on time and in full every week since. If you submit this information to the court, it is likely that you will be granted a 2-year waiting period starting from April 20, 2013. Even though you have not completed the payment of fines, the court will strongly consider that you have been keeping up with the payment schedule. As long as your are not arrested for any other crimes during the 2-year waiting period, you will likely be able to petition for an expungement on April 20, 2015.