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  1. #1
    Join Date
    Apr 2011
    Posts
    19

    Default New Jersey Shoplifting Charge

    My question involves criminal law for the state of: NJ.

    My age is over 18.
    I was charged with shoplifting with misdemeanor (don't exactly remember the penal code..), got booked/fingerprinted/photographed for stealing about $15 worth of stuff.

    I will not go into explaining or trying to "justify" because it was a long and complicated story, but however my lawyer was able to convince the prosecutor and the judge.

    As a result, I got ACD (adjudicated conditional dismissal?) which the case got dismissed after 6 months, no fine/probation/whatsoever.
    However, since I was booked, I had to expunge my record but now came the time I have to apply for graduate school and certain license.

    Because it involves law, some people tell I still have to disclose the expunged record that I got arrested, and some people tell I do not need to because my case got dismissed and arrest record got expunged.

    Do I need to disclose any of the information? Does FBI still have my record? (In other words, did I waste over $3000)
    Also, I had to show up and talk with the police officer in the station for a few hours because of "fighting over phone conversation" but I was a minor, and neither the police did not charge anything. It is not in the record whatsoever, is this correct?

  2. #2
    Join Date
    Dec 2009
    Location
    Earth
    Posts
    207

    Default Re: New Jersey Shoplifting Charge

    In New York, an ACD means adjournment in contemplation of dismissal; I'm not sure if it means the same thing in New Jersey, but I'd tend to expect so.

    As for whether you have to disclose that you were charged, now that the record has been expunged, then no. You don't have to disclose them unless you're seeking employment with a law enforcement agency or within the judicial branch of government.

    Quote Quoting N.J.S. 2C:52-27
    Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows:

    a. The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.

    b. The fact of an expungement of prior charges which were dismissed because of the person's acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any judge who is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; and

    c. Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law.

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