As Disorderly Persons Offense & Municipal Ordinance lawyers in New Jersey, we wrote this article to help you understand the difference between the two.
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.
An Ordinance conviction will also pop up on a background check. However,
Does an ordinance violation go on your record?
In our experience, an Ordinance conviction will also pop up on a background check.
However, it’s easier to explain an Ordinance conviction to an employer than it is to explain a Disorderly Persons offense for shoplifting.
Common New Jersey Ordinance Violations
New Jersey towns have the authority to enact laws that protect their local citizens.
These laws are called “Ordinances”.
Since each NJ town is unique, so are their local laws.
However, almost all towns have laws against the following:
- Public Intoxication
- Disturbing the Peace
- Excessive Noise within City Limits
- Underage Drinking
- Public Nuisances
- Consuming Alcohol in Public Places
- Public Urination
How long does a disorderly persons conviction stay on your record?
If you plead guilty or are found guilty of a Disorderly Persons Offense, the conviction will stay on your record for five years.
After you pay all fines & comply with all conditions of your sentence, you may Expunge your record.
Common Disorderly Persons offenses include: Harassment, Resisting Arrest, Obstruction of Justice, Eluding, 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.
For example, if you were sentenced to pay fines, the five years starts running once you pay all fines.
How long does a Municipal Ordinance conviction stay on your record?
If you plead guilty or are found guilty of a Municipal Ordinance, the conviction will stay on your record for two years.
After you pay all fines & comply with all conditions of your sentence, you may Expunge your record.
Will a disorderly persons conviction affect employment
Will a Municipal Ordinance conviction affect employment
Again, this is not a simple question to answer.
Everything depends on your employer’s demands & expectations.
However, since an ordinance violation is extremely common, it is more acceptable than a criminal charge.
Suggestion: take the first step & Be upfront
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.
We’re here to help you. Please visit the Areas We Serve & Practice Areas pages for more information.
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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