Expungement of Municipal Ordinance Violations in New Jersey

A municipal ordinance violation is different from a conviction for a crime or a disorderly persons offense under New Jersey law. Although ordinance violations are generally less serious, a conviction can still remain part of an individual’s record. For someone who wants to clear an old municipal matter, New Jersey law provides a specific procedure for seeking its expungement.

Municipal ordinance expungements are governed by N.J.S.A. 2C:52-4. The requirements differ from those applicable to other types of convictions, making it important to identify exactly what appears on a person’s record before determining the appropriate path to expungement.

The Tormey Law Firm represents clients charged with criminal and municipal offenses, such as disorderly conduct, in Denville, Mount Olive, Parsippany, Morristown, Rockaway, Madison, and throughout Morris County. For a free consultation about expunging a municipal ordinance violation, call our Morristown office at (908) 336-5008.

Who May Expunge a Municipal Ordinance Conviction?

Under N.J.S.A. 2C:52-4, a person convicted of violating a municipal ordinance may be eligible to seek an expungement after the required waiting period. The statute also places limitations on an applicant’s other criminal history.

Under the current law, an individual seeking relief pursuant to this section:

• Cannot have a prior or subsequent conviction for a crime in New Jersey or another jurisdiction; and
• Cannot have been adjudged a disorderly person or petty disorderly person on more than two occasions.

These restrictions are significant because eligibility cannot necessarily be determined by looking at the ordinance conviction alone. Other matters appearing on an individual’s record may affect whether the ordinance is eligible for expungement under N.J.S.A. 2C:52-4.

The Two-Year Waiting Period

New Jersey generally requires a two-year waiting period before a qualifying municipal ordinance conviction may be expunged. The starting point for that period, however, is not always the date on which the person was found guilty.

Under N.J.S.A. 2C:52-4, the two-year period runs from the latest applicable event identified by the statute, which may include:

• The date of conviction;
• Payment of the fine;
• Satisfactory completion of probation; or
• Release from incarceration.

For that reason, reviewing the sentence and its completion is an important part of determining when an expungement application can be filed.

Why Ordinance Violations Can Present an Additional Expungement Issue

Municipal ordinance convictions occupy their own category within New Jersey’s expungement statutes. They should therefore be identified separately when a person’s record contains several different types of matters.

This distinction can become especially important when an individual is seeking to clear an ordinance conviction along with a criminal conviction or disorderly persons offense. Under the present statutory scheme, municipal ordinance violations are addressed separately under N.J.S.A. 2C:52-4 and may require a separate petition from other types of convictions.

In practical terms, someone may qualify to expunge one type of conviction while facing a different eligibility question concerning an ordinance violation. The existence of an ordinance conviction should therefore be specifically considered when determining the appropriate expungement procedure rather than assuming that it will automatically be addressed with the other matters on the person’s record.

This distinction has also been the subject of proposed legislation that would expressly permit qualifying municipal ordinance convictions to be included in certain applications filed under other expungement provisions. Unless and until such a change becomes law, however, eligibility and filing requirements must be evaluated under the statutes currently in effect.

What if a Person Previously Received an Expungement?

A previous expungement is another area in which municipal ordinance cases receive distinct treatment.

N.J.S.A. 2C:52-14 identifies a prior expungement of a criminal conviction as a ground for denying certain subsequent expungement petitions. However, the statute provides an exception when the person is seeking to expunge a municipal ordinance violation. Accordingly, the fact that someone previously obtained an expungement of a criminal conviction does not, by itself, trigger that particular statutory bar against a later municipal ordinance expungement.

That exception does not eliminate the separate eligibility requirements contained in N.J.S.A. 2C:52-4. A person’s entire record and prior expungement history should still be reviewed before determining whether relief is available.

Where Is a Municipal Ordinance Expungement Filed?

An eligible person must seek expungement through the Superior Court, such as the Morris County Superior Court. Under the current version of N.J.S.A. 2C:52-4, the petition may be presented in the county where the person resides or in a county where one or more of the person’s convictions were adjudged.

This differs from the former version of the statute, which directed that the petition be filed in the county where the ordinance violation occurred. The current filing rule is therefore important when reviewing older information concerning municipal ordinance expungements.

Clearing a Municipal Ordinance Conviction in New Jersey

An ordinance conviction may appear straightforward, but its treatment under New Jersey’s expungement laws can become more complicated when the individual has other matters on his or her record. The applicable waiting period, other convictions, previous expungements, and the particular statutory provision governing each matter can all affect the analysis.

The Tormey Law Firm assists clients with expungements in Morris County and throughout New Jersey. Our attorneys can review the complete record, determine which expungement provisions apply, and identify whether a municipal ordinance conviction is presently eligible to be cleared. We also handle expungements of dismissed charges, PTI and conditional discharge, and marijuana-related records.

If you have a municipal ordinance conviction in Morristown, Parsippany, Dover, Denville, Madison, Rockaway, Mendham, Mount Olive, or elsewhere in New Jersey, contact The Tormey Law Firm to discuss your record and available expungement options. Call our Morristown office 24 hours a day at (908) 336-5008 or use our online contact form to schedule a free consultation.