Understanding Disorderly Persons Offenses in New Jersey

New Jersey's Code of Criminal Justice (N.J. Rev. Stat. § 2C) classifies violations into two primary tiers: serious offenses, known as crimes, and less severe infractions, referred to as petty offenses. A Disorderly Persons Offense (DPO) is formally designated as a petty offense and not considered a crime under the state's constitution.

DPOs sit at the highest level of these lower-tier offenses, positioned above Petty Disorderly Persons Offenses, but below the least severe categories of true "crimes", such as fourth-degree crimes. Cases involving DPOs are typically heard in the state's municipal courts. A DPO generally corresponds to a serious misdemeanor or is comparable to lower-level offenses in other states, such as those sometimes categorized as "Class 1", "Class A", or "Level A" misdemeanors.

The severity of a DPO is defined primarily by its maximum penalty, which ensures it remains below the threshold of a formal crime. A conviction for a DPO carries a maximum authorized jail term of up to 6 months and may result in a fine of up to $1,000.

Examples of Disorderly Persons Offenses in New Jersey

DPO offenses typically involve lower degrees of harm or monetary value than those of indictable crimes. Typical examples include:

• Petty Theft and Shoplifting: Simple theft is considered a DPO if the property taken is less than $200. Likewise, shoplifting merchandise with a full retail value of less than $200 also constitutes a DPO (N.J. Rev. Stat. § 2C:20-2 and N.J. Rev. Stat. § 2C:20-11).
• Simple Assault: This offense is classified explicitly as a DPO under N.J. Rev. Stat. § 2C:12, except in the case of a mutually consented brawl.
• Minor Drug Possession: Possession of 50 grams or less of marijuana, or 5 grams of hashish, is classified as a DPO (N.J. Rev. Stat. § 2C:35-10).
• Resisting Arrest/Obstructing Law: A non-violent attempt to prevent a peace officer from making an arrest is generally categorized as a DPO (N.J. Rev. Stat. § 2C:29-2).

For more information on how New Jersey courts handle these offenses, individuals may consult the New Jersey Criminal Court Records.

Penalties for a Disorderly Persons Offense in New Jersey

A conviction for DPO exposes the defendant to penalties significantly less severe than those for an actual crime (i.e., an indictable offense). According to N.J. Rev. Stat. § 2C:43-8, the court may impose an incarceration term for the DPO conviction, not to exceed 180 days. In addition to potential time, the maximum fine authorized for a DPO is $1,000 (N.J. Rev. Stat. § 2C:43-3).

Beyond the fine and jail term, a convicted person faces mandatory financial assessments, including a $50 Victims of Crime Compensation Board Assessment (VCCO) and a $75 Safe Neighborhoods Services Fund Assessment (SNSF), as required by the Manual on New Jersey Sentencing Law.

Depending on the nature of the offense, a judge may impose probation or order the defendant to perform community service. Judges generally determine the sentence by considering various statutory aggravating and mitigating factors to ensure the sentence is appropriate for the defendant and the specific offense. For instance, a person convicted of a second or subsequent non-indictable domestic violence contempt offense is subject to a mandatory minimum jail confinement of not less than 30 days.

Probation and Alternative Sentencing Options in New Jersey

According to the New Jersey Judiciary's Criminal Division Overview and the Manual on New Jersey Sentencing Law, the following are the alternative sentencing options available in New Jersey:

• Probation: It is a common alternative to incarceration, permitting the defendant to stay in the community under specified court-ordered conditions for a period of not less than 1 year nor more than 5 years.
• Community Service and Restitution: These are frequently mandated in place of or alongside jail time.
• Pretrial Intervention (PTI) Programs: They offer paths for first-time offenders to have charges dismissed entirely, thereby avoiding a conviction record.

Eligibility for diversionary programs depends heavily on the defendant's specific history, including any previous participation in PTI, conditional discharge, or conditional dismissal programs. Upon successful completion of a diversion program, the criminal charges are dismissed.

Can a Disorderly Persons Offense Be Expunged or Sealed in New Jersey?

Yes. According to the New Jersey Courts' Expungement Packet, a person convicted of a DPO may have their records cleared through a legal process known as expungement. This involves the removal, sealing, or isolation of all associated documents, including arrest, court proceedings, and convictions. In New Jersey, if an expungement order is granted, the event is generally deemed not to have occurred, allowing the petitioner to respond accordingly to questions about it.

Although a DPO conviction does not impose disabilities associated with a conviction, expungement is still highly beneficial. Clearing the record can lead to improved employment, education, and housing opportunities because the petitioner does not need to reveal the arrest or conviction on most applications.

New Jersey provides several pathways for DPO expungement:

1. Regular Expungement: A person may expunge up to 3 DPOs. The standard waiting period is 5 years from the date of the most recent conviction, payment of any court-imposed financial assessment, or satisfactory completion of probation or parole, whichever date is latest. Filing may be initiated after 4 years if compelling circumstances exist.
2. Clean Slate Expungement: This pathway permits the expungement of a person's entire criminal record, including any number of DPOs and crimes (if eligible), after a longer waiting period of 10 years. This is available to individuals who might not otherwise qualify under the regular statute (N.J. Rev. Stat. § 2C:52-5.3).
3. Diversionary Programs: If charges for a DPO were dismissed because the defendant completed a diversionary program, such as Conditional Dismissal or Conditional Discharge, the defendant can apply for expungement 6 months after the dismissal order. Successful completion of such programs generally results in no record of conviction.

Long-Term Consequences of a Disorderly Persons Offense Conviction

Although DPOs are not defined as crimes in New Jersey, they carry substantial collateral consequences that reach far beyond the immediate fines and possible jail time. Consequences vary depending on the type of offense and the individual's circumstances.

One significant consequence relates to firearm ownership. Suppose a person is convicted of a DPO involving domestic violence (such as contempt of a restraining order or simple assault in a domestic context). In that case, they face a lifetime prohibition on purchasing, owning, possessing, or controlling firearms, as well as revocation of any firearms purchaser identification card.

For public employees, a DPO conviction that involves dishonesty or "touches upon" their public office mandates forfeiture of that employment.

For non-citizens, a DPO conviction, particularly one involving domestic violence, may trigger adverse immigration consequences.

While DPOs are not automatically considered felonies that require denial of professional licensing (such as in the insurance industry), specialized agencies like the Department of Banking and Insurance may still retain unexpunged records, and an expungement order cannot compel those non-law enforcement agencies to correct their records retroactively. Moreover, an expunged DPO conviction can be counted as a "prior disorderly person conviction" in calculating a defendant's risk profile (PSA) should they face subsequent charges

What to Do if You’re Charged with a Disorderly Persons Offense in New Jersey

When a person is charged with a DPO in New Jersey, they should take the matter seriously, as convictions can result in up to 6 months in jail and significant long-term consequences.

1. Seek Legal Counsel: The court system can be confusing; thus, defendants should consider consulting a lawyer. If a person cannot afford an attorney, they may be appointed a Public Defender if there is a likelihood of imprisonment or any other consequence of magnitude. If the charge is DPO content for domestic violence, an indigent defendant may be entitled to pro bono counsel, as this offense is heard in the family part of the Superior Court.
2. Attend All Hearings: If the defendant is served with a complaint summons, they must appear in court on the date noted in the summons. Failing to respond to legal notices or appear in court as requested can lead to an arrest warrant.
3. Gather Documentation: The defendant should start obtaining and compiling documentation relevant to the charges, which the attorney will need during the discovery process.
4. Understand the Charges: It is critical to fully understand the charges and the plea consequences, especially concerning any potential immigration impact or firearms prohibition related to the offense.

Statute of Limitations for Disorderly Persons Offenses in New Jersey

The ability of a prosecutor in New Jersey to file charges for non-indictable infractions, such as a DPO, is strictly governed by the Statute of Limitations (SOL). For a general DPO, the standard time limit for the prosecutor to formally file a complaint is typically 1 year. The operative clock for this period begins running on the date the actual offense was committed.

This 1-year limitation applies to various lower-level fractions heard in Municipal Courts. For instance, in a disorderly persons contempt matter involving a violation of a domestic violence restraining order, the statute of limitations defense is 1 year.

However, exceptions exist for specific types of non-code offenses, particularly those falling under Title 39 (Motor Vehicle Laws), which may have statutory periods shorter than 1 year. For specific motor vehicle violations, such as those involving charges for breaches of N.J. Rev. Stat. § 39:3-10.18, charges must be filed within 90 days after the offense occurred. If charges are filed after the mandated period has elapsed, the defendant may raise the expired statute of limitations as a valid defense.