New Jersey Criminal Defense Laws

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 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.