Recently a county prosecutor in Somerset County, New Jersey was charged with knowingly flouting and expungement order in a brief opposing the defendant's motion to suppress. N.J.S.A. 2C:52-30 makes it a disorderly person's offense in New Jersey for knowingly flouting an expungement order.
An order expunging the record of a past criminal conviction is a great tool to give a person a fresh start in life and obtain employment. The question arises do employers have the right to ask if an applicant ever had a conviction expunged? It appears the answer to that question is no; because first, the applicant would be flouting the expungement order, and the law; and second, the applicant has the right not to incriminate himself, which that question clearly asks the applicant to do. That is, commit a disorderly person's offense, and than admit to such offense.
These thoughts and comments contained in this blog are for educational and/or intellectual purposes only, and in no way reflect or to be construed as legal advice, legal opinion, in any pending or future civil or criminal matter by Attorney Vincent J. Sanzone, Jr. For further legal advise you are asked to consult the Law Office of Vincent J. Sanzone, Jr., Esq., and schedule a legal consult.
Vincent J. Sanzone, Jr., Esq.
CriminalDefenseNJ.com
(908) 354-7006
No comments:
Post a Comment