Disorderly Persons Offenses & Background Checks
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.
Will a disorderly persons conviction affect employment
Suggestion: take the first step & Be upfront
Disorderly persons convictions will stay on your record for 5 years
Disorderly Persons charges are heard in New Jersey Municipal courts.
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 starts 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 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.