Disorderly Persons Offense in NJ | William Proetta Criminal Law

William Proetta Criminal Law | November 18, 2025 | Criminal Defense

Is a Disorderly Persons Offense a Crime in NJ?

Under New Jersey law, a disorderly persons offense is a classification of crimes similar to misdemeanors. Charges for disorderly persons offenses are the most common criminal charges handled in Municipal Courts throughout Middlesex County and New Jersey. These charges are also issued very frequently to individuals with no prior criminal record.

If you have been charged with a disorderly persons offense in New Jersey, there may be a host of questions that leave you feeling overwhelmed. What are the penalties for a disorderly persons offense? How can I handle a disorderly persons charge? Will a disorderly persons offense show up on my criminal record? At The Law Offices of William Proetta Criminal Law, our criminal defense attorneys answer questions like these every day. Having successfully resolved thousands of disorderly persons offense cases, including marijuana possession, disorderly conduct, underage drinking, and simple assault, we can help you navigate through the legal process toward the best possible result.

From our offices in Edison, we serve clients in New Brunswick, Woodbridge, East Brunswick, Old Bridge, Piscataway, Metuchen, and surrounding communities. Call (732) 659-9600 or contact us online to arrange a free consultation with an experienced disorderly persons offense attorney.

Where are Disorderly Persons Offenses Prosecuted?

Hearings for disorderly persons offenses and petty disorderly offenses are conducted in municipal court associated with the town where the offense occurred, rather than in Superior Court in the county. Superior Court is reserved for indictable criminal offenses, which are comparable to felonies in other states. Even though you are not entitled to indictment by a grand jury or a trial by jury for a disorderly persons offense in New Jersey, it is important to know that you do have the right to be represented by a criminal defense lawyer. This is highly advisable considering the penalties you face, which we will outline in greater detail below.

What are the Penalties for a Disorderly Persons Offense in NJ?

A disorderly persons offense is similar to a misdemeanor in New Jersey. Since it is not an indictable crime (or felony), it is not subject to indictment before a grand jury. Although a disorderly persons offense is not punishable by a New Jersey State Prison sentence, it can still lead to time. The potential penalties for a disorderly persons charge in New Jersey include heavy fines, jail, driver’s license suspension, and a criminal record. Specifically, the range of penalties for a disorderly persons offense are as follows:

Jail sentence for up to 6 months
Fine of up to $1,000
Driver’s license suspension for 6 months to 2 years (for drug charges)
$50 fee to the Victims of Crime Compensation Board (VCCB)
$75 fee to the Safe Neighborhood Services Fund
Court costs amounting to $33

It is important to note there are other consequences that may be imposed for a disorderly persons offense, including community service, probation, and immigration issues. For instance, criminal mischief charges for graffiti require community service if convicted. Further, crimes of moral turpitude like shoplifting can cause problems for those who don’t have permanent U.S. citizenship.

Disorderly Persons Offense Vs. Petty Disorderly Persons Offense

There is a difference between a “disorderly persons offense” and a “petty disorderly persons offense” in New Jersey. Examples of crimes categorized as disorderly persons offenses include possession of drug paraphernalia, simple assault, marijuana possession of less than 50 grams, shoplifting (retail value of less than $200), and criminal mischief crimes. The penalties for a disorderly persons offense include up to 6 months of imprisonment and up to $1,000 in fines. Restitution, community service, and probation may also be ordered.

A petty disorderly persons offense is considered less serious than a typical disorderly persons offense. While a petty disorderly persons offense is the lowest level of crime in New Jersey, it carries penalties and will still be reflected on your criminal record. Examples of petty disorderly persons offenses include simple assault (if the parties consented to fight), disorderly conduct, and harassment. The penalties for a petty disorderly persons offense include up to 30 days of imprisonment and up to $500 in fines, as well as restitution, community service, and probation

Will a Disorderly Persons Offense Appear on my Criminal Record?

Regardless of the specific disorderly persons offense you are charged with, a conviction will appear on a criminal background check. Some of the most common disorderly persons offenses in Middlesex County are issued for fighting, disturbing the peace, petty theft, improper behavior, fake ID’s, possessing marijuana and drug paraphernalia. A conviction for any of these offenses can result in a criminal record that hinders your future opportunities.

Employers and educational institutional often run criminal background checks and rule out applicants with criminal histories. Similarly, professional licensing boards check criminal records before granting or renewing licenses for realtors, doctors, accountants, nurses, pharmacists, and other licensees. If we can’t get your charges dismissed outright, our lawyers always seek to downgraded disorderly persons offense charges to municipal ordinance violations. A municipal ordinance violation is similar to a ticket and will not result in you having a criminal record.

Can a Disorderly Persons Offense be Expunged?

Yes, it can be expunged (removed from your criminal record). There are many advantages to seeking expungement of a disorderly persons offense conviction—that is, removing the conviction from your record—as having one on your criminal record can make it difficult to find employment, apply for scholarships, and be approved for bank loans. Individuals seeking expungement of a disorderly persons offense conviction in New Jersey must wait 5 years from the date the conviction is entered, probation is completed, or fines are paid, whichever is latest.

Looking for Experienced NJ Disorderly Persons Offense Attorneys?

If you have been charged with a disorderly persons offense in Middlesex County, New Jersey, it’s essential to know your rights and your legal options. The skilled criminal defense lawyers at William Proetta Criminal Law in Edison, New Jersey are here to answer all of your questions and to help you beat these charges. Whether you have been charged with a disorderly persons offense in South Brunswick, Perth Amboy, North Brunswick, Sayreville, Carteret, or elsewhere in Middlesex County, our attorneys are dedicated to helping you achieve the best outcome.

If you enlist our firm, we do everything we can to help you avoid a criminal record and the penalties of a conviction for a disorderly persons offense. Contact the experienced Middlesex County disorderly persons defense lawyers at William Proetta Criminal Law for a free consultation about your case. Call our Edison office at (732) 659-9600 or reach out online and take the first step toward protecting your future.