A Disorderly Persons will show up on a background check
When a Disorderly Persons background check is performed, be prepared! Whoever is running the background check will learn of your conviction. Employers will either demand an explanation or terminate employment. Universities may suspend or expel.
If you are an applying for a job, you may ace the interview but fail the security phase of the hiring process. Employers do not understand that under New Jersey, a disorderly persons offense is not a crime. It is not found in the criminal code.
We have an excellent tip for you can use this as an opportunity to show your integrity.
Will a disorderly persons conviction affect employment
Suggestion: take the first step & Be upfront
Be Prepared To Explain
Disorderly Persons convictions will stay on your record for 5 years until you get an expungement.
Common Disorderly Persons offenses include: Harassment, Resisting Arrest, Obstruction of Justice, Trespassing, Marijuana Possession, and Simple Assault.
If you plead guilty or are found guilty of a Disorderly Persons offense, you face up to six months in jail and up to a one thousand dollar fine.
You must wait for five years from the date you completed your sentence before you can get an expungement. For example, if you were sentenced to pay fines, the five years start running once you pay all fines.
But my lawyer said...
Under the New Jersey criminal code, a Disorderly Persons offense is “not a crime”.
But try explaining this to your employer or future employer.
Chances are that the person running a disorderly persons background check on you is not a criminal defense attorney.
It’s understandable that when someone sees a “conviction”, the logical conclusion is that you’ve been convicted of a crime.
Your lawyer may have explained this to you but it’s still a hard concept for people to understand.
important tip:
get a letter from your lawyer
Even if your criminal lawyer charges you a few bucks for this letter, it’s a worthwhile investment.
The letter will explain that in New Jersey a Disorderly Persons offenses is not a crime.
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