Posts Tagged "diversion"

Expungement Juvenile Records


new-jersey-juvenile-record-imageJuvenile records are considered by New Jersey courts quite differently than adult offenses. A lot of the time it is simply a difference in terms, where a juvenile is “taken into custody” while an adult is arrested. A juvenile receives an “adjudication of delinquency” while an adult is “convicted.” An adult might receive a “pretrial intervention program” while a juvenile receives a “diversion” to a Juvenile Conference Committee or an Intake Services Conference.
Fortunately for those attempting to expunge a juvenile record in New Jersey, the process for expungement is exactly the same for a juvenile record as it is for an adult offense.

There is a free Eligibility test for Juvenile offenders for Expungement. Don’t delay, the sooner you know your options, the better chances you have at clearing your record.

There are a few other terms that someone looking to expunge a New Jersey juvenile record should understand. A “deferred disposition” is when a court adjudicates the juvenile delinquent and sets conditions that the juvenile must complete. If the juvenile successfully completes the terms, the disposition will be dismissed.

A diversion is the process for minor juvenile cases in which the cases are removed from the court process on the condition that the juvenile completes a rehabilitative process, which could be a juvenile conference committee or a juvenile intake conference. If the juvenile completes these programs, his or her case is dismissed.

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 record removes many practical and legal hurdles standing between a job applicant and a new career, avoiding further legal headaches down the line.

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.