Legal Question in Disability Law in New Jersey

employment for persons with mental illness with a minicipal or criminal record

I am a Job Developer for individuals with mental illness. I have a couple of clients who have been convicted of disorderly persons, obstruction of justice and petty charges like that. when filling out an application what is appropriate for my clients to fill out when asked if they been convicted or pled guilty of a criminal offense? is a charge like disoederly persons considered a criminal offense and should my clients check off yes? The criminal offenses were convictions in a municipal court is that the same. because many jobs have a background check before employment many of my clients with municipal convictions are disencouraged to fill out applications for future employment.


Asked on 11/15/04, 4:44 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: employment for persons with mental illness with a minicipal or criminal reco

First, I understand how hard you are trying to help your clients. However, it is too much for anyone to expect you to provide those clients with legal advice, if you are not an attorney. In fact, it may be a violation of the law in your state to give such advice if you are not an attorney.

Basically, if you are not an attorney, about the only thing you should be telling these people is: "I would really like to help you on that question. However, I'm not an attorney, and because of that, cannot give you any advice concerning the legal implications of any prior convictions or arrests you might have; or as to how you are required to describe them (if at all) on a job application."

Perhaps your organization can find a local attorney, willing to work on a pro bono basis, who would be available for you and your clients to consult with, as this issue will come up frequently. That way, you can rest assured that your clients are getting competent legal advice on what can be an extremely complicated issue.

Read more
Answered on 11/20/04, 11:44 am


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in New Jersey