Under New Jersey law, a petitioner must satisfy certain statutory requirements to expunge a municipal ordinance violation. . Below is an outline of the statutory requirements for expunging a municipal ordinance violation.
What is a municipal ordinance?
A municipal ordinance is a law passed by local government, such as city, town, village, township, or borough, as opposed to the State. Ordinances are local laws created to maintain public safety, health, morals, and general welfare. Ordinances may deal with prohibited prescribed levels of noise, public streets and sidewalks, parking, snow removal, littering, public urination, zoning, and restrictions on pets.
What are some types of municipal ordinance violations?
Municipal ordinance violations include drinking in public, having an open container, underage drinking, building code violations, shoplifting, disobedience to lawful orders, harassment, domestic violence, and disturbing the peace. New Jersey currently has 565 municipalities, due to the Princeton Township and Princeton Borough merger on January 1, 2013. All 565 municipalities belong to one of the five types of municipal governments. The maximum fine for a municipal ordinance violation is $2,000; and although rare, such a violation carries a maximum sentence of 90 days in jail or 90 days of community service.
What are the statutory requirements to expunge a municipal ordinance violation?
(1) Statute: N.J.S.A. 2C:52-4 (2) Waiting Period: Two years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration. (3) Other Convictions: No indictable offenses (crimes) in New Jersey or elsewhere. No more than two other disorderly persons or petty disorderly persons offenses.
Additional resources provided by the author
LegalCleanup.com Expungement Resource and Learning Center
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