Legal Question in Criminal Law in New Jersey
I pled guilty to disorderly person as a result of violatiing a restrainer order in 2005, I was also found guilty of DV back in 2006. What type of convictions are those in New Jersey? (misdemeanor, felony, etc) The reason I am asking these questions is that every time I fill an employment application, I have to respond to these type of questions and I don't really know whether the above mentioned police records constitude a crime, felony or anything else. I always respond yes, but don't know which categories these issues fall under.
Any sugestion will be greatly appreciated.
2 Answers from Attorneys
Domestic violence is ususlly charged as a civil offense and a conviction for same is not a crime or criminal offense. A disorderly persons offense is a misdemeanor. You should be able to expunge the disorderly persons conviction sometime in 2010.
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There are neither misdemeanor nor felony classifications in NJ. A disorderly persons offense by statute is not a crime and conviction of it cannot impugn your constitutional rights, specifically as it pertains to employment. It will ,however, take a two year waiting period from date of sentencing to move for expungement.
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