I was arrested in 2009 for a minimal marijuana offense - completed conditional discharge and the charges were dismissed. Made the mistake of not getting the charges expunged yet - now I am being asked on a background check if I was ever convicted of or pled guilty to a crime. I know it is not considered a conviction, but does anyone know if it is considered pleading guilty in NJ?
In general in NJ you would have not plead guilty to enter the conditional discharge program, but some judges and some prosecutors have required it in the past to enter the program. That being said this question is best answered by the attorney who represented you as he will know the specific facts of your case.
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In NJ you should be able to say no to both. You cannot have pled guilty to charges that don't exist. A very few states have special laws - like applying for a job as a California teacher requires this to be admitted.
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Listen to Attorney H. Scott Aalsberg he has given you excellent advice. You always have a chance of winning but your best chance is with the best lawyer. You should also not delay any further about retaining counsel to handle the expungement for you. Good luck.
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It is not pleading guilty unless you did. you can go into a CD with or without a plea, most times without. Second it is not a crime but a DP (misdemeanor in other States) and it is not a conviction. So you did not plead guilty or get a conviction for a "crime" (called a felony in other States) anyway.
counts as an arrest if charged. suggest get expungement. New Expungement Law permits petitions for Expungement of arrests in shorter time periods.
This new law establishes new expungement procedures for records and information pertaining to crimes and offenses, including procedures for persons who are, or previously have been, successfully discharged from the State’s special probation drug court program. It also provides shorter waiting periods before certain records and information become expungeable.
Regarding a person with a criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court in the county in which the criminal conviction was adjudged. That application could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses. The application could only be filed after the expiration of five years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, for the crime or for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period under current law for a criminal conviction expungement is ordinarily 10 years). Alternatively, the court could grant an expungement on the application if less than five years has expired from the payment of any fine but the five-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.
Regarding a person with a conviction for a disorderly persons or petty disorderly persons offense, but no criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court concerning that offense following a procedure similar to that used for criminal convictions. The application, like an application concerning a criminal conviction, could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses. The application could only be filed after the expiration of three years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period on convictions for such offenses under current law is five years). Alternatively, the court could grant an expungement on the application if less than three years has expired from the payment of any fine but the three-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.
Regarding a person with an arrest or charge that did not result in a conviction or finding of guilt, whether the proceedings were dismissed, or the person acquitted or discharged, upon a person presenting an application for expungement:
(1) if the proceedings took place in Superior Court, the court, at the time of dismissal, acquittal, or discharge, would order the expungement of all records and information relating to the arrest or charge; or
(2) if the proceedings took place in municipal court, the municipal court would provide the person with appropriate documentation to transmit to the Superior Court to request an expungement, and the Superior Court, upon receipt of the documentation with an expungement request would take action to order the expungement of all records and information relating to the arrest or charge. A person seeking such an expungement of municipal court matters would not be charged an application fee for taking such action.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. Consult and hire a NJ Certified attorney asap.
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