Last reviewed . Law current as of October 2026.
New Jersey has no misdemeanors. Its lower-level offenses are disorderly persons offenses (up to 6 months in jail and a fine of up to $1,000) and petty disorderly persons offenses (up to 30 days and up to $500). Under N.J.S.A. 2C:1-4 they are not crimes and carry no right to a jury trial. They are heard in municipal court.
Common disorderly persons charges
- Simple assault (N.J.S.A. 2C:12-1(a))
- Shoplifting or theft under $200 (N.J.S.A. 2C:20-11, 2C:20-2)
- Possession of drug paraphernalia (N.J.S.A. 2C:36-2)
- Harassment, a petty disorderly persons offense in its basic form (N.J.S.A. 2C:33-4)
- Disorderly conduct, a petty disorderly persons offense (N.J.S.A. 2C:33-2)
How municipal court works
Each New Jersey municipality has a municipal court, or shares one with neighboring towns. Your complaint or summons lists the court and the first date. A municipal judge decides the case without a jury. If you cannot afford a lawyer, you can ask whether you qualify for the municipal public defender. Read municipal court basics.
Options that can avoid a conviction
- Conditional dismissal (N.J.S.A. 2C:43-13.1): a one-time program for some first-time defendants in municipal court. If the person completes supervision, the charge is dismissed.
- Conditional discharge (N.J.S.A. 2C:36A-1): for certain disorderly persons drug offenses.
- Dismissal or amendment after review of the evidence, or a negotiated resolution.
Appeals and expungement
A municipal court conviction can generally be appealed to the Superior Court within 20 days. Many disorderly persons convictions can later be expunged; see expungement in New Jersey.
Frequently asked questions
Is a disorderly persons offense a misdemeanor?
New Jersey law does not use the term misdemeanor. Disorderly persons offenses are New Jersey's lower-level offenses and, under N.J.S.A. 2C:1-4, are not crimes. They are often compared to misdemeanors in other states.
Does a disorderly persons conviction go on my record?
Yes. A conviction creates a record that can show up in background checks, though many disorderly persons convictions can later be expunged.
Do I get a jury in municipal court?
No. Disorderly persons and petty disorderly persons offenses are decided by a municipal court judge without a jury.
What is conditional dismissal?
Conditional dismissal (N.J.S.A. 2C:43-13.1) is a one-time diversion program in municipal court for some first-time defendants. If the person completes the conditions, the charge is dismissed.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.