Posts Tagged "disorderly persons"

Expungement Crimes Arrest Records

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New Jersey Felon JobsIf you were arrested in New Jersey, you may be eligible for expungement of your NJ arrest record if certain conditions are met. If you were arrested and your New Jersey charges were dismissed after completing a diversionary program, you are eligible for expungement.

The waiting period for expungement of your New Jersey arrest record will start after successfully completing the terms of your pre-trial diversionary program. Below are the eligibilty requirements to expunge your New Jersey arrest record

  • It has been 6 months since your charges were dismissed
  • You have no pending disorderly persons, petty disorderly persons or other criminal charges pending
  • Your charges were not dismissed due to reason of insanity or because you lacked mental capacity
  • Your charges were not dismissed because you entered a supervisory treatment program or diversion program and you were not required to plead guilty.

By having a record expunged, a person previously convicted of a crime greatly limits the number of people with access to that information. Getting an order of expunction avoids a situation where an employer might unjustly exclude a person convicted of a crime. Employers who are concerned about potential tort liability based on the hiring of an employee can often make an argument that the exclusion of a person based on his or her arrest or conviction record is in-line with a business necessity. Disputing an employer’s justification is a time-consuming process that necessitates an attorney specializing in employment and labor disputes. Simply expunging one’s recordremoves many practical and legal hurdles standing between a job applicant and a new career, avoiding further legal headaches down the line. The easiest and fastest way to know if you are eligible for an expungement is to check Recordgone’s Eligibility Test for Expungement in New Jersey.

An employer in New Jersey may not use an expunged record and should not be able to even locate it. A person who has had his or her record expunged does not have to disclose the fact that the arrest or conviction occurred. Under New Jersey law, records that have been expunged are deemed not to have occurred.

New Jersey Misdemeanor Expungement

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new jersey misdemeanor expungement arrestMunicipal ordinance violations are classified as misdemeanor convictions. Also included are charges such as disorderly persons. Thankfully, it may be possible to have your misdemeanor violation expunged. 

You must first determine whether or not you are eligible for an expungement. Please note that this is only a general rule of thumb and you should always consult with a lawyer or attorney that specializes in expungement

  • 2 years must have passed since the completion of probation, fine payments, or incarceration.
  • There are no pending charges against you.
  • You must not have been convicted of a crime (indictable or felony) in New Jersey or any other state.
  • You cannot have three or more disorderly or petty disorderly violations.

There are also several requirements you must meet if you want to expunge a disorderly persons violation:

  • Five years must have passed since the last probation, incarceration, or payment of fines.
  • There must be no pending charges against you.
  • You must not have been convicted of a crime in New Jersey or another state.
  • You cannot exceed more than three disorderly or petty disorderly violations against you.
  • You must not have been granted a dismissal of charges in a pretrail.
  • You must not have any criminal offense expunged in New Jersey or any other state before.

As you can see, it can become very confusing and complicating to have your record expunged. This is why we strongly recommend the professional service of a law firm specializing the Expungement for New Jersey Misdemeanors.

New Jersey Misdemeanor Expungement

There are a few cases where you cannot get an expungement, such as for a DUI and other motor vehicle expenses.

It typically takes about five to six months for your record  to be expunged. This time period can vary depending on the first-come first-serve basis, and the workload of the court.

If you are well spoken and have a law background, you may have a chance at expunging your record yourself by appearing in court. Otherwise, it is in your best interest to have a New Jersey expungement firm working for you because the return on investment is crucial for your future in finding a job.