Expunging Disorderly Persons Offenses in NJ

August 16, 2018 · Posted in Blog, Expungement Blog 

On October 1, 2018 the current law concerning this statue will change to make more Petitioner’s eligible to have their records expunged. This section of the new Expungement Statute deals only with persons who have never had a conviction for a crime, which in New Jersey is an  indictable (felony) offense. If you have had an indictable conviction you are not eligible under this section, but, you may be eligible under 2C:52-2.

The new statute permits expungement for 3 classes of people:

  1. The person has  been convicted under the laws of  New Jersey or any other State on the same or separate occasions of no more than four (4)  disorderly persons offenses, no more than four (4)  petty disorderly persons offenses, or a combination of no more than four (4) disorderly persons and petty disorderly persons offenses. 
  2.   The person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses in New Jersey (or a combination of both), which convictions were entered on the same day, and does not otherwise have any prior or subsequent conviction for another offense in addition to those convictions included in the expungement application. 
  3. The person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses in New Jersey (or a combination of both) which were interdependent or closely related in circumstances and which were committed as part of a sequence of events that took place within a short period of time, regardless of the date of conviction or sentencing for each offense, and the person does not otherwise have any prior or subsequent conviction for another offense in addition to those included in the expungement application (whether in New Jersey or another state).  

Part 1 of the new section allows a person can now have a total of four (4) disorderly persons or petty disorderly persons  offenses expunged. This is an expansion of the previously allowed three (3). Read More »

PTI will no longer bar Expungement of Conviction for Indictable Crime in New Jersey

August 10, 2018 · Posted in Blog, Expungement Blog 

The new Expungement Law Amendments that become effective on October 1, 2018 will benefit clients who thought they would never be able to expunge their criminal convictions. People who have completed Pre-Trial Intervention (PTI) will finally have the chance to expunge their entire criminal records.

Currently, under N.J.S.A 2C:52-14(f), an expungement petition will be denied when “a person seeking the relief of the expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense prior to or subsequent to said conviction has been granted the dismissal of criminal charges following completion of a supervisory treatment or other
diversionary program.”

This means that that once you had a criminal arrest dismissed by way of completion of PTI, you could not expunge an earlier conviction for an Indictable crime even if it was a 4th or 3rd degree crime that would ordinarily be able to be expunged.

In the new Statute, N.J.S.A 2C:52-14(f) has been deleted by amendment, P.L. 2017,c.244. This will give persons the chance to have their criminal convictions for some indictable offenses (felonies) expunged along with their PTI arrest, and in many cases will result in the complete clearing of a criminal record. This will mean that you will be able to legally say to most employers that you have never been arrested or convicted of a crime. It may even be possible to re-open or re-file expungements for individuals who previously had part of their record expunged under the old law. Please contact the Law Offices of Randolph H. Wolf at 732-741-4448 or email us at Info@RandolphWolf.com for more information and to see whether you can benefit from the upcoming changes in the law.

Pre-Trial Intervention will no longer bar Expungement of Disorderly Persons Offenses

August 5, 2018 · Posted in Blog, Expungement Blog 

Major changes are coming to New Jersey Expungement procedures when the new Expungement Law Amendments become effective on October 1, 2018. Individuals who have completed Pre-Trial Intervention (PTI) will finally have the chance to expunge their entire criminal records.

Currently, under N.J.S.A 2C:52-14(f), an expungement petition will be denied when “ a person seeking the relief of the expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense prior to or subsequent to said conviction has been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversionary program.” As a practical matter what this translated to is that once a client had successfully completed PTI, he or she could only expunge the PTI arrest itself along with Boro Ordinance or Juvenile convictions. Disorderly Persons convictions could not also be expunged.

In the new Amendments, N.J.S.A 2C:52-14(f) has been deleted by amendment, P.L. 2017, c.244. This will give petitioners the chance to have their disorderly person or petty disorderly persons offenses expunged along with their PTI arrest, and in many cases will result in our clients being able to completely expunge their entire criminal history and get a fresh start. It may even be possible to file new expungement petitions for individuals who had a PTI arrest expunged and have Disorderly Persons Offenses left on their record under the old law. Please contact the Law Offices of Randolph H. Wolf at 732-741-4448 or email us at Info@RandolphWolf.com for more information and to see how the changes in the law may effect you personally.

New Marijuana Decriminalization Policy

August 2, 2018 · Posted in Blog, Criminal Law Blog 

The New Jersey Attorney General, Gurbir S. Grewal, issued a memorandum on July 24, 2018 to all municipal prosecutors. This memorandum directs all municipal and county prosecutors to seek adjournments on marijuana related offenses until after September 4, 2018.

This directive comes after the Chief Municipal Prosecutor for Jersey City, Jake Hudnut, issued a memorandum, which the Attorney General has deemed unconstitutional, titled “New Marijuana Decriminalization Policy.” It has been understood that the Jersey City Memorandum, was creating a charge likened to a traffic ticket, where the possession of marijuana would be punished with a fine and no criminal record. The Attorney General has convened a working group to determine guidelines which should be set for the prosecution of marijuana charges in New Jersey going forward.

It has been anticipated since the inauguration of Governor Murphy, that New Jersey would be legalizing marijuana. This working group could be the beginning of the end for the criminalization of marijuana possession in New Jersey. While it is still unclear what Attorney General Grewal intends to do, it is known that he had discussions with the Chief Municipal Prosecutor for Jersey City regarding decriminalization and this working group is going to address the concerns raised during those discussions. Governor Murphy has expressed his position is that marijuana should become legalized and taxed, rather than decriminalized.

We have had several cases postponed on the basis of this memorandum and are hopeful that we can eventually obtain complete dismissals of marijuana possession cases that are currently pending but have not been resolved. Please contact the Law Offices of Randolph H. Wolf at 732-741-4448 or email us at Info@RandolphWolf.com for more information.

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 

RECENT DEVELOPMENTS IN EXPUNGEMENT LAW REGARDING DRUG COURT MATTERS AND OTHER DRUG OFFENSES

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 

DOES COMMISSION OF ANY OFFENSE BAR REMOVAL FROM MEGAN’S LAW SEX OFFENDER REGISTRATION UNDER 2C:7-2(f) AFTER 15 YEARS OR DOES THIS ONLY APPLY TO COMMISSION OF ADDITIONAL SEX OFFENSES?

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 »

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