Expungement of a Municipal Ordinance Violation in New Jersey

Clearing a Municipal Ordinance Conviction From Your Record

Not every offense handled in a New Jersey municipal court is classified as a disorderly persons offense or petty disorderly persons offense. Municipalities also enact their own local ordinances, and a person may be found guilty of violating one of those provisions.

For expungement purposes, that distinction matters.

New Jersey has a separate statute governing expungement of municipal ordinance violations. N.J.S.A. 2C:52-4 establishes its own eligibility requirements and, importantly, a shorter waiting period than the period ordinarily associated with criminal and disorderly persons convictions.

Whether a person qualifies depends not only on the ordinance conviction itself, but also on what else appears in the person’s criminal history. The expungement attorneys at The Tormey Law Firm, with an office in Hackensack, review municipal court records for clients throughout Bergen County and New Jersey. Call (201)-330-4979 for a free consultation.

What Is a Municipal Ordinance Violation?

A municipal ordinance is a local law adopted by a municipality rather than an offense enacted as part of New Jersey’s criminal code.

Municipal courts, such as the Hackensack Municipal Court and other courts throughout Bergen County, can hear matters involving violations of these local ordinances. Although an ordinance violation may be resolved in the same courthouse that handles disorderly persons offenses and other municipal matters, the legal classification of the disposition remains important.

An ordinance conviction should therefore not automatically be treated as though it were a DP or Petty DP conviction for expungement purposes.

The judgment or disposition can be reviewed to determine the provision under which the person was actually convicted.

What Law Governs Expungement of an Ordinance Conviction?

N.J.S.A. 2C:52-4 specifically addresses expungement of convictions for violations of municipal ordinances enacted by governmental entities in New Jersey.

The statute establishes several requirements:

• A qualifying applicant must not have a prior or subsequent conviction for a crime in New Jersey or another jurisdiction;
• The applicant cannot have been adjudged a disorderly person or petty disorderly person on more than two occasions; and
• The applicable two-year period must have elapsed.

These requirements make the person’s complete record relevant even when the ordinance violation itself appears relatively minor.

How Long Do You Have to Wait?

The ordinary waiting period under N.J.S.A. 2C:52-4 is two years.

The statute measures that period from the latest of the applicable events it identifies:

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

The two-year period therefore does not necessarily begin on the day the person appeared in municipal court or entered a plea.

For example, when probation continued beyond the conviction date, completion of probation can become the relevant later event for calculating eligibility.

Does an Indictable Criminal Conviction Affect Eligibility?

Yes.

Current N.J.S.A. 2C:52-4 requires that the person seeking relief under this particular section have no prior or subsequent conviction for a crime, whether the criminal conviction occurred in New Jersey or another jurisdiction.

That makes the chronology of the record important. A criminal conviction either before or after the ordinance matter can prevent the person from satisfying the requirements of N.J.S.A. 2C:52-4.

This is one respect in which municipal ordinance expungement differs significantly from some of the broader expungement provisions available under New Jersey law, including the rules for expunging indictable convictions.

What If You Also Have Disorderly Persons Convictions?

Having a DP or Petty DP conviction does not necessarily prevent expungement of a municipal ordinance violation.

N.J.S.A. 2C:52-4 permits relief where the applicant has not been adjudged a disorderly person or petty disorderly person on more than two occasions, assuming the other requirements of the statute are satisfied.

Accordingly, one or two DP/Petty DP adjudications do not automatically disqualify the applicant under this section.

More than two can.

The number and classification of the other municipal court dispositions should therefore be confirmed before determining whether the ordinance conviction qualifies.

Why the Difference Between an Ordinance and a DP Matters

The distinction can substantially affect when expungement becomes available.

A qualifying municipal ordinance conviction is governed by the two-year period in N.J.S.A. 2C:52-4. By contrast, disorderly persons and petty disorderly persons convictions are generally analyzed under N.J.S.A. 2C:52-3, which uses a different eligibility framework and ordinarily carries a longer waiting period.

Someone reviewing an old municipal court case should therefore not assume that the same expungement rules apply simply because both types of matters were heard in municipal court.

The exact offense of conviction can change both the eligibility analysis and the applicable waiting period.

What If a Criminal Charge Was Downgraded to a Municipal Ordinance?

Some municipal court cases begin with a different charge and ultimately result in a conviction for a local ordinance violation, often as part of a negotiated resolution.

For expungement purposes, the final disposition matters.

If the ultimate conviction is for a municipal ordinance violation, N.J.S.A. 2C:52-4 may provide the applicable route for expunging that conviction, provided the statutory requirements are satisfied.

The history of the original charge can still be relevant to identifying all records associated with the case. The final judgment should therefore be reviewed rather than relying solely on the offense initially charged.

Do Out-of-State Convictions Matter?

Yes, when the out-of-state matter constitutes a criminal conviction for purposes of the statute.

N.J.S.A. 2C:52-4 expressly provides that a person seeking an ordinance expungement under this section must not have a prior or subsequent crime conviction in this State or any other jurisdiction.

A review limited to New Jersey municipal court records can therefore be incomplete.

When an applicant has an out-of-state criminal history, those convictions should be considered before concluding that the requirements of N.J.S.A. 2C:52-4 have been met.

Where Is a Municipal Ordinance Expungement Filed?

Current New Jersey law provides more flexibility concerning venue than an older version of the statute.

A qualifying petition under N.J.S.A. 2C:52-4 may be presented to the Superior Court in the county where the person resides or in a county where one or more of the person’s convictions were adjudged.

This language reflects an amendment to the statute and is important when reviewing older expungement materials that state that the petition must be filed only in the county where the ordinance violation occurred.

What Information Should Be Reviewed Before Filing?

Before deciding whether an ordinance conviction qualifies, it is useful to confirm:

• The exact municipal ordinance of conviction;
• The date of conviction;
• When any fine was paid;
• Whether probation was imposed and when it ended;
• Whether incarceration was imposed and when the person was released;
• Whether there is any prior or subsequent indictable criminal conviction;
• The number of DP or Petty DP adjudications on the record;
• Whether there are relevant convictions in another jurisdiction; and
• The county in which the petition may properly be filed.

This information can determine whether N.J.S.A. 2C:52-4 applies and whether its two-year requirement has been satisfied.

What Happens When the Ordinance Conviction Is Expunged?

When an expungement is granted, the records covered by the order are handled in accordance with New Jersey’s expungement statutes and are generally removed from ordinary public criminal-history access.

An expungement should not be understood as the physical destruction of every record associated with the case. New Jersey law permits expunged information to remain available for certain purposes specifically authorized by statute.

For ordinary criminal-record purposes, however, an expungement substantially restricts access to and disclosure of the covered records.

New Jersey Municipal Ordinance Expungement Attorneys

Municipal ordinance convictions are governed by an expungement provision that differs from the statutes applicable to indictable crimes and disorderly persons offenses. Determining whether N.J.S.A. 2C:52-4 applies requires identifying the exact disposition and reviewing the person’s other criminal and municipal court history.

The attorneys at The Tormey Law Firm handle expungement matters throughout New Jersey. We can review the underlying municipal court disposition, determine whether the conviction is governed by N.J.S.A. 2C:52-4, calculate the applicable waiting period, evaluate other convictions that may affect eligibility, and handle the expungement process on the client’s behalf.

We also assist individuals with expungement of indictable convictions, disorderly persons offenses, dismissed charges, diversionary matters, Clean Slate applications, marijuana-related records, and other qualifying New Jersey criminal records.

To discuss a municipal ordinance conviction and determine whether it may qualify for expungement, call (201)-330-4979 or fill out our online contact form. Consultations are always provided free of charge.