Municipal Ordinance Expungement FAQ’s

October 29, 2017

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.

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