Obstructing Administration of Law Expungement in NJ | N.J.S.A. 2C:29-1

If you are interested in an obstructing administration of law expungement in New Jersey, this article will address expungement eligibility with respect to the offense of obstructing the administration of law.

Obstructing Administration of Law – Basic Concepts

The New Jersey statute dealing the offense of obstructing the administration of law is located at N.J.S.A. 2C:29–.  That statute reads as follows:

a. A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

b.  An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.

Thus, obstructing the administration of law occurs when an individual purposely obstructs or impairs the administration of law by use of flight, intimidation, force, violence, physical interference, or by any unlawful act. The level of the offense will depend on the nature of the obstruction.

Obstructing the administration of law constitutes a fourth-degree indictable offense (felony) under two situations.  The first is if the defendant obstructs the detection and/or investigation of a crime.  The second is when the defendant obstructs the prosecution of a person for a crime.  Otherwise, the offense of obstructing the administration of law will constitute a disorderly persons (misdemeanor) offense.

Obstructing Administration of Law Expungement Eligibility – Disorderly Persons Conviction

If you plead guilty to or were found guilty of the disorderly persons offense of obstructing the administration of law, expungement eligibility will be governed by N.J.S.A. 2C:52-3.  In general, if you have been convicted of anywhere from 1 to 3 disorderly or petty disorderly persons offenses in New Jersey, you may expunge up to three of those offenses so long as you do not have any felony convictions on your record.  If you have been convicted of a felony, on the other hand, you may be eligible to expunge the indictable offense and up to 2 disorderly or petty disorderly persons offenses.

You will not be eligible, however, to expunge your obstruction conviction if you have been convicted of more than 4 disorderly or petty disorderly persons offenses or if you have more than one indictable conviction on your record.

The standard waiting period to expunge disorderly persons offenses and/or petty disorderly persons offense in New Jersey is 5 years from the date you complete your sentence (which would include payment of fines and release from probation).   You may, however, be eligible to apply for an “early pathway” expungement of your obstruction conviction if it has been at least three years since you completed your sentence.

Obstructing Administration of Law Expungement Eligibility – Indictable Conviction

If you plead guilty to or were found guilty of either the fourth degree indictable offense of obstruction, eligibility is governed by N.J.S.A. 2C:52-2.  You will be eligible to expunge the conviction as long as you meet the following requirements:

1. You have no other indictable convictions;
2. You have not been convicted or a disorderly persons or petty disorderly persons offense more than two times; and
3. It has been at least 10 years since you completion of your sentence (this includes release from prison or jail, discharge probation/parole, and payment of court fines, whichever is later) – you may, however, be eligible to apply for an “early pathway” expungement 5 years after completing your sentence.

Special New Jersey Drug Court Expungement Law

Please be advised that New Jersey has special expungement laws in place for those individuals who successfully graduated from Drug Court in New Jersey. For more information, please see our post regarding New Jersey Drug Court Expungements.