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New Jersey Criminal Defense Laws

New Jersey does not use "felonies" and "misdemeanors" — instead, it classifies offenses as indictable (1st through 4th degree), disorderly persons, and petty disorderly persons. Third and fourth degree indictable offenses carry a presumption of non-incarceration for first-time offenders. The Clean Slate Act (2019) allows petition for expungement of all convictions after 10 years, and automatic expungement applies to certain marijuana offenses.

Last verified: 2026-02-25

Statute of Limitations

No limit for murder/sexual assault; 5 years for indictable offenses; 1 year for disorderly personsN.J.S.A. 2C:1-6

Murder, manslaughter, and sexual assault have no statute of limitations. Official misconduct, bribery, and perjury: 7 years. Most indictable offenses: 5 years. Disorderly and petty disorderly persons offenses: 1 year. Child sexual abuse: 5 years after victim turns 18 or 2 years after discovery.

Key New Jersey Statutes

Sentencing — Degree SystemN.J.S.A. 2C:43-6

1st degree: 10–20 years state prison (presumption of incarceration). 2nd degree: 5–10 years (presumption of incarceration). 3rd degree: 3–5 years (presumption of non-incarceration for first offense). 4th degree: up to 18 months (presumption of non-incarceration for first offense).

Disorderly & Petty Disorderly PersonsN.J.S.A. 2C:43-8

Disorderly persons: up to 6 months county jail, $1,000 fine. Petty disorderly persons: up to 30 days, $500 fine.

Indictable offenses: 5-year waiting period (reduced from 10 in 2017). Disorderly persons: 5-year wait. Clean Slate Act (N.J.S.A. 2C:52-5.3): allows petition for all convictions after 10 years even if exceeding normal limits. Automatic expungement for marijuana offenses.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Jersey.

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