Expungement of Disorderly Persons and Petty Disorderly Persons Offenses where you have never had an Indictable Offense (Felony) conviction are governed by 2C:52-3. They are eligible for expungement five (5) years after the later of the date of your conviction, your completion of parole or probation, your release from county jail, or the payment of all court ordered financial assessments (except as described below). The following are the eligibility rules:
- Five Convictions or Less. If you have not been convicted of more than five (5) Disorderly Persons/Petty Disorderly Persons (DPs/PDPs) on the same or separate occasions and have not been convicted of a subsequent DP/PDP so the total number of convictions does not exceed five (5) then you may have all of the convictions expunged; or
- Six Convictions. If you have been convicted of six (6) DPs/PDPs you can expunge the last five (5) but the first one will remain on your record; or
- Convictions on the Same Date. If you have been convicted of multiple DPs/PDPs which convictions were entered on the same date, and have no subsequent convictions, a prior conviction for a DP/PDP will not bar the expungement of the convictions that are the subject of the expungement application (this means that if you have been convicted of six (6) DPs/PDPs all on the same date and have a prior DP/PDP, you still are eligible to have those six expunged); or
- The “Spree” Exception for Multiple Convictions. If you have been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses (or a combination of both) which were interdependent or closely related in circumstances and which were committed as part of a sequence of events that took place within a short period of time, regardless of the date of conviction or sentencing for each offense, and you do not have any subsequent conviction for another crime or offense in addition to those included in the expungement application, you are eligible to have them all expunged.
- Relief for Non-Payment of Fines with Civil Judgement. If you have met the five (5) year requirement for everything other then paying your court ordered financial assessments and the court finds that the reason for the non-payment was something other then willful non-compliance, then the Court will grant the expungement, but, will enter a civil judgment against you in favor of the New Jersey Department of the Treasury.
- Relief for Non-Payment of Fines without Civil Judgement. If you have met the five (5) year requirement for everything other then paying your court ordered financial assessments and the Court finds you substantially complied with the court ordered payment of financial assessments or could not do so due to compelling circumstances affecting your ability to pay (defined as considering the amount of the financial assessments imposed, your age at the time of conviction, your financial condition, and other relevant information regarding your ability to pay), then the Court will grant the expungement without entering a Civil Judgement against you.
- Early Pathways Expungement in three (3) years instead of five (5). If you have a felony conviction and at least three (3) years have passed from the later of the date of your conviction, payment of financial assessments, satisfactory completion of probation or parole, or release from incarceration and you have not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction; and the court finds in its discretion that compelling circumstances exist to grant the expungement, then the court may grant an early expungement.