Disorderly Conduct and Disorderly Persons in New Jersey

New Jersey’s criminal laws can be confusing for almost anyone, especially first-time offenders. In most states, crimes are classified as misdemeanors (minor offenses, with minimal to no jail time, and small fines) and felonies (major crimes carrying heavier penalties). However, in New Jersey, crimes are classified as “disorderly persons” for misdemeanors and “indictable” for felonies. Disorderly persons charges also have a lesser subcategory known as “petty disorderly persons,” which is reserved for disorderly conduct and harassment which carries a maximum 30-day jail sentence, and a maximum fine of $500. Disorderly persons cases are heard in criminal court whereas indictable offenses are brought to a grand jury by a prosecutor. If the jury votes to indict, the case proceeds to trial, but the grand jury may also dismiss the case entirely.

Examples of Disorderly Persons charges include but are not limited to:

Simple assault
Drug paraphernalia
Harassment
Shoplifting (less than $200)
Disorderly conduct
Resisting arrest
Bad checks (less than $200)
Lewdness
Obstruction
Cursing in a public place
Creating a public disturbance

Examples of petty disorderly persons offenses include but are not limited to:

Disorderly conduct
Harassment
Trespass

Impact

A disorderly persons charge appears on your criminal record, but you may be able to get it expunged. The standard time period to expunge a disorderly persons conviction in New Jersey is five years. You can, however, apply for an early pathway expungement of your disorderly persons conviction after 3 years. The exact date is determined by the completion of any probation or payment of fines, whichever is later. Also, there is also a limit to no more than three convictions at this level with no prior convictions of a crime. Note - disorderly persons charges are considered “offenses,” not “crimes”.

Indictable offenses are often life-changing, impacting your ability to obtain employment and housing and barring you from voting or owning a firearm. Fortunately, New Jersey does offer a diversion program for first-time offenders, including Pre Trial Intervention (PTI) and Conditional Discharge. For Disorderly Persons and Petty Disorderly Persons charges, one may be eligible for a Conditional Dismissal. Each program has its own set of criteria and prescribed remedies for rehabilitation.

The Bottom Line

If you find yourself arrested and facing charges of any nature, you should always exercise your right to an attorney. A common misconception is that public defenders are readily available to all but there are financial eligibility requirements, and even those who qualify are still responsible for certain fees. There’s an undergraduate blog published by American University that goes into greater detail of the shortcomings of the New Jersey justice system.

Criminal law is nuanced. Diversion programs are nuanced. While a pro se defense is possible and legal, your greatest chance for long-term recovery is to entrust yourself to me. My office is standing by to take your call - so contact us today to discuss your case.