If you are interested in applying for a simple assault expungement in New Jersey, eligibility will depend on several factors. The simple assault statute is located at N.J.S.A. 2C:12-(1)(a). Simple assault is a disorderly persons offense (misdemeanor) in New Jersey. If the offense is committed during the course of a fight or scuffle entered into by mutual consent, however, it is classified as a petty disorderly persons offense.
If the Charge Was Dismissed
If you were charged with simple assault but the offense was dismissed, you will be eligible to expunge your record immediately.
If the Offense Was Downgraded to a Municipal Ordinance Violation
If you entered into a plea negotiation where you plead guilty to a lesser Municipal Ordinance Violation, you will be able to expunge the Municipal Ordinance conviction so long as:
- It has been at least two years since you completed your sentence (which will usually be payment of a fine);
- You do not have any felony convictions on your criminal record; and
- You do not have more than two disorderly persons or petty disorderly persons convictions on your record.
If You Plead Guilty to the Disorderly and/or Petty Disorderly Persons Offense of Simple Assault
As explained above, simple assault can either be a disorderly persons offense or a petty disorderly persons offense. If you plead guilty or were found guilty of the original charge of simple assault you will be able to expunge the conviction so long as:
- It has been at least 5 years since you completed your sentence (i.e., payment of fine or completion of probation, whichever is later) – please note, however, that you can apply for an “early pathway” expungement if it has been at least 3 years since you completed your sentence;
- If you have a felony conviction on your record, you can expunge the simple assault conviction so long as you do not have more than one other disorderly or petty disorderly persons conviction; and
- If you do not have any felonies on your record, you can expunge the conviction so long as you do not have more than two other disorderly or petty disorderly persons convictions on your record.
Affordable New Jersey Expungement Lawyers
If you have questions about your simple assault expungement, contact the experienced New Jersey expungement lawyers at Katherine O’Brien today for a free Expungement Analysis Session. You can contact us by phone at 856-832-2482 or by filling out our Expungement Interview Form.
At Katherine O’Brien Law, our all-inclusive expungement services cost only $895.00. Moreover, we offer flexible payment plans. Contact us today to get started working on your simple assault expungement.
