New Jersey Criminal Attorney Blog

New Jersey law permits those arrested or convicted of certain crimes to petition the court for an expungement under certain circumstances. When expunged, the records are isolated and removed from the files of any agencies that have them. Anyone who requests that person's criminal record is told that no such record exists.

But what if a person outside official channels knows about an expunged criminal record and releases it to the public? The New Jersey State Supreme Court is considering just such a case in an effort to determine whether exposing someone else's expunged record is grounds for a defamation lawsuit.

The New Jersey Law Journal reported today that the state's top court will consider the issue. (Subscription required). In G.D. v. Bernard Kenny and The Hudson County Democratic Organization, Inc., a political operative for a State Senate candidate became the target of flyers produced by a political rival. The flyers referred to the operative's prior drug conviction, which was previously expunged.

Regardless of how the Supreme Court rules on this case, expungement remains an important way to protect a person's record and prevent a past mistake from haunting him or her in the future. Expunged records can be used by the courts only in limited circumstances. For example, a judge may review expunged records when sentencing a defendant in connection with a subsequent conviction. Parole boards may also view expunged records.

Otherwise, state law provides that when a record is expunged, the arrest, conviction, or any other proceedings connected with the crime "shall be deemed not to have occurred, and the petitioner may answer any questions accordingly..." (N.J.S.A. 2C52-27). Consequently, petitioning for an expungement can be helpful to those who fear a background check may turn up damaging information.

In New Jersey, a "disorderly persons offense" refers to a category of violations that are adjudicated at the Municipal Court level rather than in State Superior Court. However, even though such violations are handled in town courts, they can still result in serious penalties including substantial fines and even jail time.

Some examples of disorderly persons offenses include possession of 50 grams or less of marijuana, shoplifting items with a retail value of less than $200, and lewdness, among others. A conviction can mean a range of penalties, up to a $500 fine and six months in prison. Additionally, a conviction could show up on future background checks affecting employment and professional licensing.

There are ways to fight such charges, have them downgraded, or seek alternative penalties that can save time and money and, in some cases, keep a person's record clean. And in cases where the accused has already pleaded guilty or has been convicted in court, expungement may be available.

Before pleading guilty to a disorderly persons offense in Municipal Court, it is worth consulting an attorney on your range of options. Doing so could save a great deal of time and money in the long run.

New Jersey law imposes fines and possible incarceration for those convicted of possessing even small amounts of marijuana, drug paraphernalia, or being under the influence of drugs.

A violation for possession of 50 grams or less of marijuana is considered a disorderly persons offense allowing jurisdiction in municipal courts. Even though the matter may be handled at the municipal level, it is important to understand the consequences.

Such a conviction can result in fines of up to $1,000, penalties and fees of over $500, up to six months in jail, and suspension of driving privileges for up to two years. In addition, if the violation occurs within 1,000 feet of a school, there is a mandatory 100 hours of community service on top of any sentence handed down by the court.

There are ways to fight such a violation. As with all criminal cases, the State has the burden to prove its case. And while it may not be possible to win an acquittal in all cases, it is important to understand the range of sentencing options that a municipal court judge may impose.

It is also important to keep in mind that it may be possible to expunge prior convictions from your record. Depending on the circumstances, a person may petition the court to have his or her record expunged. If granted, all records would be removed; however they could still be used in the future for a limited number of purposes including bail or parole hearings, or sentencing.

In this economic downturn, jobs seekers in North Jersey may spend a lot of time adjusting their resumes or working on their interview skills. But a job applicant whose record turns up a criminal conviction -- even a minor one -- may start out at a disadvantage when competing in a tough job market.

With unemployment soaring, jobs that are hard to come by, and more companies performing background checks than ever before,many are looking to expunge their records or set aside convictions. Even those who have jobs may consider expunging past convictions now. Waiting until the next job search could mean lost time.

Depending on a person's background, the Court may expunge a conviction, erasing it from that person's record. The process involves petitioning the Court in the county where the offense took place. Several factors affect whether a person is eligible for expungment, including the nature of the crime and the length of time since the last offense.

For those who are being weighed down by mistakes in their past, expungement offers the opportunity to make a fresh start. And in a job market as competitive as this one, erasing a conviction could be a big step toward finding employment.