Can I Expunge A Disorderly Persons Or Petty Disorderly Persons Offense From My Criminal Record In NJ
NJSA 2C:52-3

You pled guilty to a disorderly persons or petty disorderly persons offense in New Jersey

A disorderly persons offense is commonly called a DP.  A petty disorderly persons offense is commonly called a PDP.  Having one or more on your record could very well cost you your job.  There are a number of different types of offenses that qualify as a DP and PDP that are minor.  However, there are a lot of offenses that qualify as a DP or PDP and are very serious.  Employers do not want to hire someone that will be a liability to them or their other employees.  

You are entitled, if eligible, to have the disorderly persons or petty disorderly persons offense expunged from your New Jersey criminal history.

Am I eligible to expunge a DP or PDP from my record?

Per the June 2020 expungement law amendments, in order to be eligible to remove a disorderly persons or petty disorderly persons offense from your criminal record, you must fall into one of the following categories:
  1. You have no more than 5 disorderly persons offenses or petty disorderly persons offenses (or a combination of them) on your record, no conviction for a crime, and no subsequent conviction. 
  2. You have multiple disorderly persons offenses or petty disorderly persons offenses (or a combination of both) in NJ, which convictions were entered on the same day, and no subsequent conviction.
  3. You have multiple disorderly persons offenses or petty disorderly persons offenses (or a combination of both) in NJ, which were interdependent or closely related in circumstances and committed as part of a sequence of events taking place in a short period of time, regardless of the date of conviction or sentencing for each offense, and no subsequent conviction​.

When can I file an expungement petition?

Per the June 2020 expungement law amendments, you can apply for an expungement of a disorderly persons offense or petty disorderly persons offense if you fall into one of the following categories:
  1. 5 years have passed from the date of your conviction, payment of fine, satisfactory completion of probation, parole or release from jail, whichever date is later. 
  2. 5 years have passed from all events related to your conviction, but your fine is not paid off due to reasons other than your willful noncompliance to pay the fine in full.​​​​

Can I apply to have a DP/PDP expunged from my record early?

NJ law allows for disorderly persons and petty disorderly persons offenses to be expunged early if certain guidelines are met. However, it is not a guarantee that you can have it expunged early because even if you meet all of the qualifications, a judge will need to find compelling circumstances exist to grant the early expungement. This is a very high standard and is very subjective depending on which county and which judge is hearing your matter.

Per the June 2020 expungement law amendments, you can apply for an early expungement in the following scenarios:
  1. Your fine is paid in full, but 5 years have not passed from the time you paid it in full, however 5 years has passed from all other events related to your conviction. 
  2. At least 3 years (but less than 5 years) has passed from all events related to your conviction, you have not been convicted of a new crime/disorderly persons offense/petty disorderly persons offense, and compelling circumstances exist.​

How do I remove a disorderly persons or petty disorderly persons offense from my criminal record?

You will need to file a petition for expungement in the county where the matter was heard.  If the matter was heard in a municipal court, it should be filed in the county that municipal court is in.

CONTACT OUR OFFICE AT 609-392-7600
EXPERIENCED ATTORNEYS HANDLING EXPUNGEMENT MATTERS

Since expungement matters typically do not require a court appearance or hearing, we handle expungement matters in any county in New Jersey, including:
Mercer County
Burlington County
Ocean County
Monmouth County
Middlesex County
Hunterdon County
Somerset County 
Camden County
Atlantic County
Warren County
Contact Information:
The Rubinstein Law Firm, LLC
1675 Whitehorse Mercerville Road
Suite 206
Hamilton, NJ 08619

609-392-7600
609-964-1785 (fax)