New Jersey Misdemeanors

A minor criminal offense that is less severe than a felony is called a misdemeanor. Like everywhere else, misdemeanors are common crimes in New Jersey. However, the state uniquely treats misdemeanors.

What Is a Misdemeanor in New Jersey?

New Jersey uses different terminology for a misdemeanor, such as disorderly persons (DP) offenses and petty disorderly persons (PDP) offenses. These are non-indictable matters that are handled in municipal court. They are different from crimes (felonies), which are prosecuted in Superior Court. Misdemeanor cases may result in a maximum jail term of six months and fines, with no right to a grand jury or jury trial.

In New Jersey, simple assault, shoplifting under $200, disorderly conduct, harassment, possession of a fake ID, resisting arrest, vandalism, and trespass are common examples of misdemeanors.

Misdemeanor Classes and Penalties in New Jersey

New Jersey does not use the A/B/C lettered system for misdemeanors. Instead, they have statutes that set two levels, including:

• Disorderly persons (DP) offense: receive a sentence of up to 6 months in county jail and a fine of up to $1,000.
• Petty disorderly persons (PDP) offense: penalties include a maximum of 30 days in jail and a fine of up to $500.

Additional penalties include probation, restitution, mandatory assessments (such as assessments for Safe Neighborhood Services), treatment or counseling, community service, and driver’s license consequences.

A first-offense DWI remains a motor-vehicle offense, not a criminal conviction. It carries penalties that include fines, Intoxicated Driving Program, and up to 30 days in jail, at the Municipal Court’s discretion.

Misdemeanor Court Process in New Jersey

Nearly all DP/PDP matters are prosecuted in the Municipal Court where the incident occurred.

Step-by-step path for a typical court process (misdemeanor).

• Summons or arrest and filing of a complaint-summons (or, less commonly, a complaint-warrant).
• Arraignment: The defendant's rights are explained, and they may enter a plea. The judge addresses the available release terms to the defendant. Indigent defendants may seek a municipal public defender if they are unable to afford counsel. To get a municipal public defender, the defendant must fill out an application and pay an application fee of up to $200.
• Pre-trial: The attorneys exchange information with each side (known as discovery). They may file their motions, engage in plea talks, and, in some counties, go through diversionary options (such as conditional dismissal for certain first-time non-traffic offenses).
• Trial: The case proceeds to a bench trial before the municipal judge (no jury in DP/PDP cases). If convicted, the defendant may appeal to the Superior Court, Criminal Division. The case is treated as a trial de novo under Rule 3:23 within 20 days of judgment.
• Sentencing: Based on the sentencing law, the judge may impose authorized penalties on the defendant, including jail, fines/assessments, probation, and other statutory terms.

Misdemeanor Records in Major New Jersey Cities

Interested individuals in New Jersey misdemeanor records may contact the courts in major cities, such as:

• Newark (Essex County): The Newark Municipal Court maintains misdemeanor case files for the city. The court record is available at the court portal. Individuals may request certified copies of court records from the court clerk.
• Jersey City (Hudson County): The Jersey City Municipal Court has jurisdiction over misdemeanors, traffic infractions, and local ordinances. The court allows the public to view online case reviews and resolutions. Users may also request certified copies from the clerk’s office.
• Paterson (Passaic County): It is allowed by the law for individuals to visit the clerk of the Paterson Municipal Court in order to obtain copies of court records.

How to Search for Misdemeanor Records in New Jersey

The State of New Jersey provides centralized online tools for easy access to municipal court records. These records, which include misdemeanor case files, may be found at the channels listed below:

• Municipal Court Case Search (MCCS) – Individuals may view court records through the MCCS. They may also use NJMCDirect to pay for tickets, plead a case, or resolve many municipal matters online. The court record search may reveal the party names, summons/complaint number, charges with statute or ordinance, scheduled events, Register of Actions, dispositions, and financial balances.
• Clerk of Court: The clerk’s file is the official record for court cases. Individuals may contact the municipal court clerk in person or by mail with their ID and case number to facilitate an easy search of court records. There is a fee for certification or copying of court records.
• Criminal History Record. The New Jersey State Police maintains a database of all criminal history records, including misdemeanors. Individuals may request criminal history records from the police department.

How Long Does a Misdemeanor Stay on Your Record in New Jersey?

In New Jersey, misdemeanor records stay as long as possible on an individual’s criminal record unless they are expunged from the public record. They may do so through traditional expungement, Clean Slate, and non-conviction expungement.

• Traditional expungement (petition-based).
  • DP/PDP convictions: In most cases, individuals are eligible to expunge their case after five years from completion of sentence (including payment plans). Some applicants may seek earlier relief (often cited as a four-year “early pathway” in practice) upon a stronger showing of rehabilitation and hardship.
  • Municipal ordinance violations: For these matters, the waiting period is generally two years.
• Clean Slate expungement. A separate statute authorizes a Clean Slate expungement for eligible defendants 10 years after the later of their most recent conviction. To qualify, they must have completed all court-ordered financial assessments, sentences, or payments.
• Non-conviction and program dismissals.

Arrests and charges that do not result in conviction are expungeable at or after dismissal automatically by the court at the time of dismissal; conditional dismissal and PTI dispositions generally require a short waiting period (historically six months) before petitioning.

Expungement removes court records from public view. However, courts and law enforcement retain limited access to the case, and some categories are never expungeable.