Jersey Criminal Attorneys
Disorderly Persons Background Checks: The Truth in 2 Minutes
A Disorderly Persons will show up on a background check
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.
If you are an applying for a job, you may ace the interview but fail the security phase of the hiring process. Employers do not understand that under New Jersey, a disorderly persons offense is not a crime. It is not found in the criminal code.
We have an excellent tip for you can use this as an opportunity to show your integrity.
Will a disorderly persons conviction affect employment
There is not a “yes” or “no” answer to this question. Some employers only want employees with impeccable records. Other employers could care less. Yes, it all depends on the type of employment you have or are seeking.For example, if you are seeking to become a bank cashier, the bank will perform a disorderly persons background check. A conviction for theft will probably be problematic.However, if you are seeking employment as a waitress, a conviction for simple marijuana possession can be explained. After all, your employer may have liberal views when it comes to decriminalizing marijuana possession.
Suggestion: take the first step & Be upfront
If you know that your employer intends to run a disorderly persons background check, beat him to the punch. Be the first to reveal the surprise. In this way, you will have the best opportunity to explain your story. Moreover, your employer will perceive you as honest and trustworthy. Think about it. You may never get an opportunity to explain the results of your disorderly persons background check. Once your future employer sees a conviction on your record, you may never get a callback. Take some time at the end of your interview to bring it up. Clear it up and ask your potential employer if he/she has any questions.Remember, people can be very understanding.
Be Prepared To Explain
Disorderly Persons convictions will stay on your record for 5 years until you get an expungement.
Common Disorderly Persons offenses include: Harassment, Resisting Arrest, Obstruction of Justice, Trespassing, 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.
You must wait for five years from the date you completed your sentence before you can get an expungement. For example, if you were sentenced to pay fines, the five years start running once you pay all fines.
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 disorderly persons 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.
get a letter from your lawyer
Provide your employer with a letter from your lawyer explaining your conviction.
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.It’s also good for your lawyer to offer to answer any questions your employer may have.
If you would like to meet with us to discuss your case, we offer FREE consultations.
This post is originally from Disorderly Persons Background Checks: The Truth in 2 Minutes and written by Attorney Alan G. Peyrouton