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  1. #1
    Join Date
    Dec 2005
    Location
    new jersey
    Posts
    9

    Default Bourough Ordinance Violation on a Background Check

    I was charged for criminal trespass in new jersey ( 2c : 18-3A ) and I plead guilty for borough ordinance ( 68-7 : disorderly person ) .
    what will appear if someone run a background check on me ?
    and what will be the impact on my naturalization process ?
    and what will be the effect of an expungement ?
    thank you for your help .

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bourough ordinance violation on a background check

    Quote Quoting may
    what will appear if someone run a background check on me ?
    It depends upon the nature and extent of the background check. It is quite conceivable that they could discover that you were arrested for trespass and convicted of the borough ordinance.

    Quote Quoting may
    and what will be the impact on my naturalization process ?
    You will have to disclose the conviction to the USCIS, and they may well have questions about it. It's effect would depend upon the full facts, and such factors as whether you have any other record.

    Quote Quoting may
    and what will be the effect of an expungement ?
    That would appear to fall under this statute:
    Quote Quoting New Jersey Expungement Law - 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses
    Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 hereof to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.
    The expungement wouldn't affect your immigration status, as the USCIS will only consider a pardon or expungement to the extent that it is based upon actual innocence.

  3. #3
    Join Date
    Dec 2005
    Location
    new jersey
    Posts
    9

    Default

    after the expungement of the arrest and conviction , who will have access to my records ?
    do medical professional state licensure or hospitals have access to it ?
    please clarify me this point . thank you for your help .

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    According to Legal Services of New Jersey,
    Quote Quoting Records Required to Be Kept Private
    When an expungement is granted, law enforcement agencies are required by law to keep that person’s records private. However, the law does allow expunged records to be used later in certain cases. Should the person ever again become involved in any criminal proceedings, the records can be used. This means that if the person is arrested following expungement, his or her past records will be considered in deciding eligibility for the pretrial intervention program (PTI), bail, or probation. If a crime victim files a claim with the Violent Crimes Compensation Board, the expunged records of the person convicted of the crime can be used in connection with the claim. If the criminal activity or arrest results in the person being incarcerated, the Department of Corrections is allowed to use the records in deciding how to classify and assign the prisoner within an institution. Also, following a conviction and a jail sentence, expunged records can be used in deciding eligibility for parole (early release). Further, the Expungement Order does not bar the retention of material and/or information required for purposes of the Pretrial Intervention Registry pursuant to R.3:28(e), and shall not prohibit the filing of reports required under the Controlled Dangerous Substance Registry Act of 1970. Therefore, your record will not be removed from and can be placed in these registries.

    Many people want to go through the expungement process so that they can have clear records when they apply for jobs. However, the law does allow expunged records to be used when a person applies for a job with a law enforcement agency. This includes jobs with state, county, and local corrections departments, prosecutors, courts, and police. This does not mean that those agencies will never employ people with records, but it does mean that those applying must still reveal the existence of an expunged record on a job application.

    Agencies that are not associated with law enforcement (such as the Real Estate Commission or the Department of Insurance) that require information about a person’s criminal record prior to expungement cannot be ordered legally to correct their records after an Expungement Order is granted. Such agencies are beyond the reach of expungement orders and may continue to publicize such information.

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