Can I Expunge Township Ordinance in NJ?
Most individuals who have a “township ordinance” conviction on their criminal history have most likely received the benefit of a downgraded disorderly persons charge (misdemeanor). It is rare that an individual is actually charged with a township ordinances, especially in Mercer County. It is more common that a criminal charge like disorderly conduct, simple assault, stalking, harassment, shoplifting or underage drinking is downgraded to a township ordinance. Now most people think that since it is not a “criminal offense” there is no criminal history as a result, even if they were convicted of the township ordinance. However, that totally inaccurate. Anyone convicted of a township ordinances, whether as charged or based on a downgrade, will still have it appear on an their criminal history. If you have or a loved one has been convicted of a township ordinance in Mercer County, in towns like Lawrence, Hamilton, Pennington, Princeton, Robbinsville, West Windsor, Ewing or East Windsor, we can help erase your criminal record. The attorneys at the Keith Oliver Criminal Law has been expunging client’s criminal records for years now. As you will see below, expungement laws in New Jersey can be complex and confusing at times. The legislature has chosen to create separate rules and regulations depending on what the degree of the offense that an individual is trying to expunge. In fact, there are certain crimes that are even non-expungeable. If you would like to come into our office and speak to one of our Mercer County expungement defense attorneys about your options, then please contact us directly at (609) 789-0779. As always, our initial consultations are free of costs. Now here is some important information on expunging a township ordinance, including waiting period is.
Can I Expunge an Ordinances Conviction in NJ?
In New Jersey, when and even if, an individual is able to expunge there criminal record, it will depend on what section of the statute they fall under. NJSA 2C:52 is the governing statute in New Jersey for all expungements. NJSA 2C:52-4 is the section of the statute that covers expunging township ordinances. It states in pertinent part that:
- In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, may, after the expiration of a period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to the Superior Court in the county in which the violation occurred praying that such conviction and all records and information pertaining thereto be expunged.
So, in layman’s terms, in order to expunge a township ordinance in New Jersey, an individual must satisfy a couple conditions first, they are:
- The ordinance occurred more than two years ago;
- The Defendant has not been convicted of any prior or subsequent offenses;
The key here is making sure that the two year time period has been satisfied first and that the Defendant has not been previously or subsequently been convicted of a criminal offense. If they have, then you will need to check the subsection of the statute that covers that specific type of offense because those guidelines will control. If it is was a felony offense or a disorderly persons offense, please click the corresponding link for more information.
Expungement Attorneys in Mercer County NJ
Expunging your criminal history is just as important as defending the original charges. All too often individuals forget about the expungement process and it tends to pop up at the most inopportune time, i.e. applying for a job or seeking a promotion etc. The problem becomes that expungements take at the very minimum three months to perfect. So, we always encourage anyone that is seeking an expungement to file for it as soon as they are ready. If you would like to speak to one of Mercer County expungement lawyers about your options then please contact us at (609) 789-0779. We serve all of Mercer County, including Trenton, Lawrence, Hamilton, West Windsor, Princeton, Robbinsville and Hopewell. If you have any questions, please do not hesitate to contact us.