The following expungement statute was amended to allow for the expungement of more than one disorderly persons offense. The statute still precludes the expungement of any disorderly persons offenses if the applicant has been convicted of a crime. Note that the pendency of a criminal charge is something that still must be disclosed as part of the expungement application even though there has not been a conviction. The language “prior or subsequent crime” was changed to “one or more crimes”, presumably to avoid confusion in situations in which a crime was pending at the same time as the offense for which expungement is sought was pending.
N.J.S.A. 2C:52-3 is amended to read as follows:
2C:52-3. Disorderly persons offenses and petty disorderly persons offenses.
a. Any person who has been convicted of a one or more disorderly persons or petty disorderly persons o offenses under the laws of this State who has not been convicted of any crime, whether within this State or any other jurisdiction, may present an expungement application to the Superior Court pursuant to this section. Any person who has been convicted of a one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has also been convicted of one or more crimes shall not be eligible to apply for an expungement pursuant to this section, but may present an expungement application to the Superior Court pursuant to N.J.S.2C:52-2.
b. Any person who has been convicted of a one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has not been convicted of any crime, whether within this State or any other jurisdiction, may present an expungement application to the Superior Court pursuant to this section if:
the person has been convicted, under the laws of this State, on the same or separate occasions of no more than four disorderly persons offenses, no more than four petty disorderly persons offenses, or a combination of no more than four disorderly persons and petty disorderly persons offenses, and the person has does not otherwise have any prior or subsequent conviction for a disorderly persons or petty disorderly persons offense, whether within this State or any other jurisdiction, such that the total number of convictions for disorderly persons and petty disorderly persons offenses would exceed four; or
the person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses under the laws of this State, or a combination of multiple disorderly persons and petty disorderly persons offenses under the laws of this State, which convictions were entered on the same day, and does not otherwise have any prior or subsequent conviction for another offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction; or
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