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Arrested and ended up paying a fine in munic court (MV infraction) for disorderly conduct The other two charges were dismissed

Jackson, NJ |

Will the original charge show up on my rap sheet? (underage drinking?) This happened over five years ago. Can I get this expunged? Is it better to just say I was arrested then be able to answer "no" on a job application. In the teaching field, the fingerprint check will show the arrest and expungement. WIll that lead to more questions/concern re my background? This was my one and only arrest as a college student in NJ.

Attorney Answers 3

Posted

Yes the arrest is likely on your CCH as is likely the conviction. If you paid a fine you were convicted but maybe of a lesser charge.If it was an ordinance the conviction is likely not on the CCH. You can have the State Police run your CCH for small fee. But whether it is there or not a truthful answer is "yes" on a application. An expungement would remedy this. A DP can be expunged 5 years after the final fine payment or probation if that was a condition. I have not seen an expungement picked up on a "teaching" background check. I may be wrong here but this is covered and not excepted by the statute. Call my office for a free consultation. i cna be reached over the weekend. Get my cell number from the office voice message.

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Posted

Your description of a "MV infraction" is unclear. You need to get a certified disposition from the court as to your original charges and resolution for same. A conviction for a disorderly persons offense can be expunged after 5 years from completion of the sentence, including payment of fines, community service and probation.

Answers to questions are for general purposes only and do not establish an attorney-client relationship.

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Posted

Your facts are not entirely clear. If you paid a fine there is likely a convictions on your record. If it is disorderly conduct it is a criminal offense and on a background check. If it is a motor vehicle violation it will not be on a background check, but the arrest will be. Either way, to be sure, you should get a certified disposition from the court and pursue an expungement, which will remove the arrest and any conviction from your criminal history. An expunged arrest is only available to law enforcement; is should not appear on a teaching background check and you can lawfully answer "No." Having an attorney accomplish this for you will make the process a lot smoother.

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2 comments

Asker

Posted

It is a borough ordinance. The other two tickets were dismissed. Found guilty of a boro ordinance (underage alcohol) six years ago. Paid fine. If it get the whole thing (two dismissed and one guilty to a boro ordinance) expunged, does the NJ state board of accountancy still 'see it' like law enforcement agencies can? It does NOT say anything about expungements on the licensure application...only convictions/offenses. Thanks.

Eric M. Mark

Eric M. Mark

Posted

If you expunge the whole incident it should not appear on any background checks (except if you apply for law enforcement job or in court) and you can answer, "No" on applications asking if you've been arrested or convicted. It is always best to obtain a certified disposition before getting a record expunged and to use an attorney for the expungement process to prevent unnecessary delays and denials.

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