If you were convicted of a local ordinance violation that was originally charged as a criminal offense in New Jersey, you may now be able to have your criminal records expunged under the Clean Slate Act. The Supreme Court of New Jersey ruling on November 19, 2021, regarding expungements under the Clean Slate Act has made it possible for individuals whose criminal charges were downgraded to local ordinance violations to be eligible for local ordinance offense expungement.
Understanding Clean Slate Expungement in New Jersey?
The Clean Slate expungement act was passed in New Jersey in 2019. This act become effective on January 1, 2020. Under the law, individuals can seek expungement of their criminal records if they are able to demonstrate that their convictions are ineligible for expungement under other New Jersey expungement laws. In order to be eligible for expungement under the Clean Slate Expungement Act, individuals must meet the requirements below:
- A period of ten years must have passed since their most recent conviction or the completion of their sentence.
- They must have paid all outstanding court fines or assessments
- They must have successfully completed parole, probation, or their sentence.
The Clean Slate Act was enacted to make expungements more accessible to those that have paid their dues to society. The act is broad and covers more violations than other expungement laws. Those that were previously left out by other expungement laws may qualify for expungement under this act. Under the Clean Slate Act, individuals can erase records of indictable offenses.
What are Local Ordinance Offenses?
Local ordinance offenses are defined as offenses that are not categorized as crimes under the criminal code. You would therefore not face criminal charges for a local ordinance violation. For example, making loud noises such as shouting and yelling on public streets is considered a local ordinance violation. You will only face civil charges if arrested for this.
If you have been arrested on criminal charges, the prosecution may choose to reduce this to a local ordinance violation. This often occurs when you agree to a plea bargain. The prosecution may offer to reduce your criminal charges to a local ordinance violation in exchange for you changing your plea. This may be beneficial to you as local ordinance violations do not result in significant penalties as the potential penalties you face for a criminal charge. It is always important to consult a criminal defense attorney before accepting a plea bargain. Your attorney will advise you on the best approach to take with your case.
It is important to note that even if your charges are reduced to a local ordinance violation, the original criminal charge will still remain on your record. This means that while your punishment may be reduced, you will still have to live with the stigma of a criminal record. The only way to prevent this is through expungement of your criminal record or sealing the criminal record.
The Problem with Local Ordinance Violations
If you agreed to a plea bargain and your criminal offense was downgraded to a local ordinance violation, you would have had to plead guilty to the local ordinance violation. While you were not convicted for the criminal charge, the charge will still appear on your record. This can have an impact on your ability to secure a job, get a loan, or even access housing.
Unfortunately, the Clean Slate Act does not address local ordinances directly. This presents a problem for those that have served their time and are trying to live a law-abiding life. They are not able to shake off the stigma of the criminal charges despite having been convicted only of the local ordinance violation.
Local Ordinance Offense Expungement for Offenses that Were Originally Criminal Offenses
The decision by the Supreme Court has now made it possible for individuals convicted of local ordinance offenses to get both criminal charges that were later reduced to local ordinance violations expunged from their records under the Clean Slate Act. The Court agreed that while the language in the Act is broad, the intention is clear. The act was made to help those with a criminal past erase criminal records and start afresh. As a result of the ruling by the Supreme Court, individuals whose criminal charges were downgraded to local ordinance violations can now apply to erase the criminal charges from their records.
Expunging Local Ordinance Offenses
The Supreme Court was clear in its ruling that they did not express an opinion about the expungement of local ordinance charges that were originally charged as local ordinance violations. The Supreme Court only addressed the criminal charges as the Clean Slate Law is only applicable to criminal charges and convictions.
If you have been charged for a local ordinance violation, you will be presumed ineligible for expungement under the Clean Slate law. This is because the existing Clean Slate Act only addresses criminal charges and not local ordinance charges.
If you’re wondering whether you can get your charges expunged from your criminal record, contact Gelman Law Expungements to schedule a free consultation with an experienced attorney from our law firm. We are experienced in the expungement process. We have helped many clients with varying criminal backgrounds get a fresh start. We will review your case and help you explore the options available to you.
Contact Gelman Law Expungements To Learn More About The Local Ordinance Offense Expungement Process
Recent changes to New Jersey legislation have meant that crimes that were once ineligible for expungement are now eligible. We at Gelman Law Expungements are committed to helping people get a second chance. Contact us now to schedule a free initial consultation with an experienced and skilled expungement attorney from our law firm. Learn about the local ordinance offense expungement process and whether you are eligible for expungement under the Clean Slate Act. Work with an attorney from our law firm and get a second chance to get your life back on track.