Legal Question in Criminal Law in New Jersey

Shoplifting

I was arrested for shoplifting (less than $40) over 15 years ago. I pleaded guilty, paid a fine, and went on with my life. First time offense. I have been summoned for petit jury duty. Do I include this information on the summons? Does it exclude me from serving (I want to serve)? Will this be on my permanent record, accessible by employers, insurance agents, anyone at all? It has never come up, but the question is occasionally asked on applications, etc, and I feel horribly ashamed to reply yes.


Asked on 10/06/05, 12:58 pm

2 Answers from Attorneys

Barry Kozyra Kozyra & Hartz, LLC

Re: Shoplifting

This is a frequent issue for clients. The answer to disclosure is "it depends" on how the question is asked and phrased.

We would recommend that if it is a New Jersey matter that you consider getting the record expunged which would allow you in many instances to say "no" when asked the question in New Jersey.

You should explore the issue further so as to eliminate it as a future problem.

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Answered on 10/06/05, 1:12 pm
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Shoplifting

You must truthfully answer whatever the questionnaire asks, but I believe that such a minor crime should not prevent you from serving. Concerning whether it is on your permanent record, it is always on record with the police department and Court involved. If you were fingerprinted, it is also on your official New Jersey State Police record.

In any event, you can remove any trace of it from all of the above record sources by completing an expungement. Once completed, the Judge signs an Order specifically stating: "the matter(s) which are the subject of this Order shall be deemed not to have occurred and the Petitioner may answer accordingly any questions relating to their occurrence." That way you will never have feel uncomfortable in the future about the question and can actually answer no with a clear conscience.

You can learn more details about expungements on my website: www.expungemynjrecord.com. I offer free consultations and would be happy to discuss how I can help.

Daniel B. Kelley

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Answered on 10/06/05, 1:55 pm


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