New Jersey Section 2C:52-4 – Ordinances

New Jersey Section 2C:52-4 – Ordinances: What Lawyers Should Know

New Jersey’s expungement laws allow people convicted of violating municipal ordinances to have their records expunged in certain circumstances. Section 2C:52-4 of the New Jersey code specifically deals with expunging records related to municipal ordinance violations. This article will provide an overview of the key things lawyers should know about this section of the expungement law.

Overview of Municipal Ordinance Expungement

Section 2C:52-4 allows for the expungement of records when a person is found guilty of violating a municipal ordinance in New Jersey[1]. The law does not restrict expungement to any particular type of municipal ordinance violation. So whether it was a traffic ticket, noise complaint, or some other minor offense, expungement may be possible under this statute.

To qualify for expungement under 2C:52-4, the municipal ordinance violation cannot have also constituted a crime under New Jersey state law[2]. For example, if you were charged under a municipal ordinance for simple assault, that would likely also qualify as a disorderly persons offense under state law. In that case, you would need to pursue expungement under 2C:52-3 instead of 2C:52-4.

Additionally, expungement is only available for municipal ordinance violations if you were not sentenced to a term of imprisonment[3]. If a jail term was imposed, even if just for a few days, 2C:52-4 would not apply. The conviction would need to be expunged under another section of the expungement statute.

Waiting Periods

Section 2C:52-4 does not contain any explicit waiting periods before someone can pursue expungement. However, there is a “catch-all” provision in 2C:52-2 which states that expungement cannot occur until at least 5 years have passed since the date of conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later[4].

So while 2C:52-4 itself does not mention any waiting period, the 5-year rule in 2C:52-2 appears to apply to municipal ordinance expungements. Lawyers should advise clients that even if the conviction was minor, they likely need to wait at least 5 years after the case was fully resolved before the record can be expunged.

The Petition Process

The process for expunging a municipal ordinance conviction under 2C:52-4 involves filing a petition in New Jersey Superior Court. The petition must follow the requirements laid out in 2C:52-7 and 2C:52-8, including providing certain background information and affidavits[5].

The prosecutor’s office will be notified of the petition and given an opportunity to object. There is then a hearing scheduled where the judge will decide whether to grant or deny the expungement. Lawyers should thoroughly prepare their clients for the hearing and be ready to argue why the expungement is warranted under the circumstances.

Expungement Factors Considered by the Court

According to the New Jersey expungement statute, the court will consider various factors when deciding whether to grant an expungement petition. For municipal ordinance violations under 2C:52-4, some of the key factors may include:

• Defendant’s character and conduct since conviction
• Nature of the offense and whether it was an isolated incident
• Evidence of rehabilitation
• How the expungement would impact public safety

The court will essentially weigh the reasons for and against expungement to determine if it is in the public interest. Lawyers should strategically highlight facts about the client and offense that help demonstrate why expungement is appropriate.

Effect of an Expunged Record

If an expungement petition is granted under 2C:52-4, what actually happens to the record? While expunged records are not completely erased, they do become inaccessible to the general public. Law enforcement may still have limited access, but expunged records cannot be distributed to private parties.

The court will order the record sealed, after which the conviction is deemed not to have occurred. This allows the individual to legally answer questions about their criminal record as if the municipal ordinance violation never happened.

However, it is important to note that an expunged record can still be considered if the person later commits another offense. The prior expunged conviction may then be taken into account for sentencing purposes in the new case.

Conclusion

For lawyers representing clients with minor municipal ordinance convictions, Section 2C:52-4 provides an avenue to clear these records through New Jersey’s expungement process. While expungement is not automatic, by understanding the applicable laws and presenting compelling arguments, attorneys can help clients get a fresh start. With the right legal guidance, even old local ordinance violations do not have to permanently remain on a person’s record.