A local ordinance is not a crime but it does result in a record which is subject to expungement after two (2) years. The statute which governs is N.J.S. 2C:52-4 which provides in pertinent part:
In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, may, after the expiration of a period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to the Superior Court in the county in which the violation occurred praying that such conviction and all records and information pertaining thereto be expunged.
Pursuant to the above statute, a Defendant may expunge all Local Municipal Ordinances from their record. In addition, New Jersey also allows a Defendant to expunge up to two (2) separate Disorderly Persons Offenses from their criminal record. The legislatures require that a Defendant satisfy the two (2) year statutorily mandated waiting period before petitioning the courts for an expungement of a local ordinance from their record.
There are a wide range of local municipal ordinances which a Defendant may have been convicted or found guilty including disturbing the peace, noise violation, littering, open container of alcohol in public, etc. These ordinance violations do not result in a criminal record but they do leave a record which may be expunged two (2) years from the date of the conviction or plea.
I often have clients contact me with a combination of ordinances, disorderly persons offenses, and indictable convictions on their record with questions regarding what, if anything, can be expunged from same. Contact my Morristown office anytime for a free initial consultation regarding your expungement eligibility at (973)971-0030.