Expungement of Municipal Ordinances

What is a Local/Municipal Ordinance?

A municipal ordinance is a non criminal conviction under a local code and is not a criminal conviction under the New Jersey State 2C criminal code. However, it does show up on an official criminal background check. In addition, if an indictable offense or disorderly persons offense was reduced to a municipal ordinance, the original charges will remain on the person’s criminal history until the municipal ordinance is expunged.

When Can I Expunge a Local/ Municipal Ordinance?

Under 2C:52-4, A local/ municipal ordinance is eligible for an expungement 2 years from the date of conviction, payment of court ordered financial assessments, satisfactory completion of probation or release from incarceration, whichever is later.

Is there a limit to how many Local/ Municipal Ordinance convictions can be expunged?

As stated in the New Jersey expungement statue, 2C:52-4, there is no limit to how many local/ municipal ordinance a person can have expunged.

Can I expunge a Local/ Municipal Ordinance and an Indictable Offense?

Before April of 2016 when the criminal expungement statue, 2C:52-2- Indictable offenses (felonies), was rewritten, if a person had been convicted of an indictable offense, they could not expunge any additional convictions for disorderly person offenses or municipal ordinance violations. Following that date, Disorderly Persons Offenses could be expunged with an Indictable Offense, but, it was questionable whether Municipal Ordinances could and many Judges denied such expungements. Under the amendments to the expungement statute effective June 16, 2020, it is clear that a Municipal Ordinance cannot be expunged under 2C:52-2 at the same time as an Indictable conviction. However, 2C:52-14 has been re-written to provide that a second expungement can be filed to expunge a Municipal Ordinance Conviction or a dismissal. We interpret this as permitting a second expungement after the Indictable Offense has been expunged to expunge the Municipal Ordinance conviction, however, there is an inherent conflict between 2C:52-4 and 2C:52-14 that has not been resolved by a court.

If you have previously been denied the expungement of a Municipal Ordinance because you were having an Indictable Offense, Disorderly Persons Offense, or Pre-Trial Intervention expunged, you can now file another expungement petition and seek to have the Municipal Ordinance expunged as well.

Can I expunge Local/ Municipal Ordinances and Disorderly Persons Offenses?

Under statue 2C:52-2 a person is eligible to have an unlimited number of conviction for local/ municipal ordinance expunged so long as they do not have more then two disorderly persons (misdemeanors) offenses and if the proper time has elapsed. If a person has been convicted of three DP’s they can not expunge any convictions for local/ municipal ordinances.

I have completed a Diversionary program can I Expunge a Local/ Municipal Ordinance?

Yes, if a person successfully has completed the Pre-trial Intervention (PTI) or Conditional Discharge (CD) program they can expunge local/ municipal ordinances after the two year time period has elapsed.