Law firm obtains Expungement for Indictable Offense

April 1, 2018 · Posted in Blog, Expungement Blog 

 … and then files Second Expungement for a Borough Ordinance

The 2016 Amendments to the Expungement Statutes created an interesting issue that is just now being addressed. Prior to 2016, if an expungement was granted for an Indictable Criminal Offense (a felony), no other convictions of any type could be expunged. The 2016 Amendments permitted the Expungement of the Indictable Offense and up to two Disorderly Persons of Petty Disorderly Persons Offenses. However, the Legislature did not mention convictions for Borough Ordinances in this section. The probably unintended result of this is that Disorderly Persons Offense convictions can be expunged along with an Indictable Offense while a Municipal Ordinance conviction cannot. Read More »

2017 Changes to the Expungement Statute

January 4, 2018 · Posted in Blog, Expungement Blog 

On December 20, 2017 Governor Christie signed into effect the following bills to further help people with Criminal Convictions. These two new bills will have a tremendous impact on the N.J.S.A. 2C:52 expungement statue.

Senate Bill 3307: Shortens Expungement Waiting time for Adult Convictions

Under the current expungement statue, N.J.S.A. 2C:52-2, a petitioner may apply for an expungement 10 year from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

Change: In the bill Governor Christie signed a petitioner may apply for an expungement 6 year from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

Public Interest Expungements:

Under this new bill a Petitioner is still allowed to apply for an “public interest” expungement after 5 years have elapsed.  However, there is an effect on marijuana convictions that bears noting.   Read More »

Municipal Ordinance Expungement FAQ’s

October 29, 2017 · Posted in Blog, Expungement Blog 

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 the new criminal Justice Statue Section 2C:52-4, A local/ municipal ordinance is eligible for an expungement 2 years from the date of conviction, payment of fine, 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 N.J.S.A. 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. The new statute permitted the expungement of a felony and up to 2 DPs. However it did not mention local/ municipal ordinance convictions. Since then the County Prosecutor’s Office in many counties have interpreted this to mean if a person has been convicted of an indictable offense in the Superior Court, that person is not eligible to have their conviction for a local/ municipal ordinance expunged, even though they would be eligible to have a more serious disorderly persons criminal offense expunged. It is an open question as to whether a second expungement petition could be filed on the municipal ordinances after the petition to expunge the indictable was granted.

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. Under 2C:52-3 up to three disorderly persons offenses can be expunged so long as there are no indictable convicitons.

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.

New Developments in Expungement Laws re: Drug Court

September 12, 2017 · Posted in Blog, Expungement Blog 


Several years ago, New Jersey instituted a program known as Drug Court. The rules governing this program are now defined in one of the New Jersey laws, N.J.S.A. 2C:35-14. Through this program, persons who commit certain types of crimes as a result of drug or alcohol addiction are allowed to participate in an approach that focuses not on punishments such as prison/jail time, but instead focuses on helping them recover from addiction and lead productive lives. The offenses eligible for Drug Court program include not just basic drug offenses such as possession and distribution, but also crimes that persons often commit due to addition, such as theft of money to buy drugs or alcohol. Read More »

Removal From Sex Offenders List – Additional Offenses

May 30, 2017 · Posted in Blog, Criminal Law Blog 


A very competent and thorough NY attorney recently approached us with an interesting question. He had a client on the N.J. Registry and on the NY Registry for Megan Law Sex Offenses. He wanted to apply in NY to have his risk level reduced from 2 down to 1 however, thought it would be helpful to have him first removed from the NJ Registry as more then 15 years had passed. However, the client had became homeless for a short period of time and failed to register and was convicted in 2011 in NY for failure to register. The issue was whether the term “offense” in 2C:7-2(f) mean another “sex offense” or any “offense.” Read More »

Name Change for Client on Work Visa – DMV / SAVE

March 13, 2017 · Posted in Blog, Name Change Blog 

Client from India who is Legal Resident on work visa cannot renew NJ Driver’s License because the name on the Federal SAVE (Systematic Alien Verification for Entitlements Program Database System) and the Department of Motor Vehicles do not match.

Our firm was recently hired to help a citizen of India here on a work visa renew his NJ Driver’s License.  The problem arose because the federal Systematic Alien Verification for Entitlements Program Database System (SAVE) has a programming error.  Due to the way the name appears on a passport from India, the SAVE database merges the person’s first and middle name into a single first name. The SAVE database is a component of the Department of Homeland Security that was created “as a fast, secure and efficient verification service for federal, state and local benefit-granting agencies to verify a benefit applicant’s immigration status or naturalized/derived citizenship.” Read More »

Restraining Orders: Proving Intent to Harass

December 13, 2016 · Posted in Blog, Criminal Law Blog 

New Jersey Restraining Orders: Proving Intent to Harass

If you are the defendant in a restraining order case who is being charged with harassment, it is vital that you contact an experienced New Jersey restraining order attorney to discuss your case. The criminal charge of harassment is quite broad and nature and, as a result, is often alleged by the plaintiffs in restraining order contexts.

New Jersey case law, however, requires that the defendant have acted with an actual intent to harass in this context. Many times, the defendant’s alleged harassing conduct was not done with an actual intent to harass the plaintiff, but instead was done for some other reason. As such, the plaintiff’s failure to prove that the defendant acted with an intent to harass can be a winning defense in many of these cases. Read More »

DWI vs DUI in New Jersey

December 8, 2016 · Posted in Blog, DWI / DUI Blog 

New Jersey DWI/DUI FAQs

The DWI attorneys at the Law Office of Randolph H. Wolf have been representing defendants charged with DWI/DUI for over more than 25 years. We know not only the law, but also how the system works and we use our knowledge and experience to help protect your rights and fight for you to achieve the best possible outcome.

The following are some of the most commonly asked DWI questions.  Read More »

Restraining Orders for Out of State Defendants

November 26, 2016 · Posted in Blog, Criminal Law Blog 

NJ Restraining Orders: Do New Jersey Courts Have Personal Jurisdiction Over an Out-of-State Defendant? 

Often times, victims of domestic violence flee their home state in order to escape the violence of their alleged perpetrators.  In these instances, the State of New Jersey does protect victims of domestic violence who come to New Jersey looking for refuge from their alleged abusers.  In this regard, New Jersey’sPrevention of Domestic Violence Act, N.J.S.A. § 2C:25-17 to -35, permits fleeing victims of domestic violence to file for a protective order in a place where the plaintiff resides or is sheltered at the time of the filing.  See N.J.S.A. § 2C:25-28 (“[A] plaintiff may apply for relief under this section in a court having jurisdiction over the place where the alleged act of domestic violence occurred, where the defendant resides, or where the plaintiff resides or is sheltered.”)  Read More »

New Jersey Bail Reform

November 16, 2016 · Posted in Blog, Criminal Law Blog 

New Jersey Bail Reform – Major Changes Effective January 1, 2017

On January 1, 2017, substantial changes to the processing of criminal cases in New Jersey will go into effect. Although the changes made under New Jersey’s criminal law reform will affect almost all aspects of a New Jersey criminal case, the focus in particular will be on the following two areas of criminal law in New Jersey: (1) pretrial release and bail; and (2) the right to a speedy trial. Read More »

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