New Jersey

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.        

 

 

Juvenile Collateral Consequences in the State of New Jersey

            New Jersey’s juvenile code limits collateral consequences of juvenile adjudications by limiting access to juvenile records.  New Jersey “strictly safeguards” its juvenile records, and limits access to select agencies and individuals.[1]

            During a juvenile adjudication, juveniles, attorneys, and juveniles’ families may be unaware of who will have access to the juvenile’s records, both while the child is under the age of eighteen and afterwards.  New Jersey does not have a central statutory list of collateral consequences for juveniles, and judges are not required to inform a juvenile of all potential collateral consequences.  As such, it is important for juveniles to have access to information about the potential ramifications of a juvenile adjudication. 

 

Understanding the Justice System

            The New Jersey Code of Juvenile Justice defines a juvenile as “any individual who is under the age of eighteen years.”[2] Juveniles are charged with committing a delinquent act upon the filing of a complaint.[3]  The complaint must be signed by an individual who (a) has knowledge of the facts alleged to constitute delinquency, or (b) is informed of such facts constituting the delinquent act and believes them to be true.[4]  The individual who signs the complaint does not have to be a law enforcement officer.[5]  The Family Court,[6] having jurisdiction in the matter, may enter a disposition adjudicating the juvenile delinquent when it finds the juvenile has committed one of the following: (1) an act that, as an adult, would constitute a crime; (2) a disorderly persons or petty disorderly persons offense; or (3) a violation of any penal statute, ordinance, or regulation.[7]  New Jersey does not consider juvenile delinquents to be criminals, nor does it impose any of the civil disabilities ordinarily present in criminal convictions.[8]

            Juvenile prosecutions originating in Family Court may be transferred to adult court in two ways – either by election of the juvenile[9] or on motion of the prosecutor.[10]  Once transferred or referred to adult court, the case proceeds as if it had originated there.[11]

            Any juvenile aged fourteen years or older and charged with an act of delinquency, or younger, if charged with a murder offense,[12] may elect to transfer a case to adult court.[13]

            A prosecutor may also move to transfer a case to adult court without the juvenile’s consent.[14]  Upon motion of the prosecutor, the court shall waive jurisdiction over a case and refer it to the appropriate court and prosecuting authority with jurisdiction.[15] Prior to waiving jurisdiction, the court holds a hearing to determine whether (1) the juvenile was fourteen years of age or older at the time of the delinquent act, (2) there is probable cause to believe the juvenile committed a delinquent act which, as an adult, would constitute any one of the enumerated crimes in the transfer statute,[16] and (3) the public interest demands waiver based on the nature and circumstances of the charge and the juvenile’s prior record.[17]  Waiver will be denied and the Family Court will retain jurisdiction if the juvenile shows that the reasons for waiver are substantially outweighed by the probability of rehabilitation before reaching the age of nineteen.[18]  However, juveniles sixteen or older and charged with certain specific offenses cannot oppose transfer.[19]

 

Notification of Collateral Consequences of Juvenile Records

            There is no statutory authority directing any member of the juvenile justice system, including judges, district attorneys, defense attorneys, probation officers, or police, to take affirmative steps to notify juveniles of the collateral consequences of any type of court involvement.

 

Treatment of Juvenile Records

At what point in the court process do records begin?

            A youth’s name and charge enter the juvenile justice system when the complaint charging the youth with the commission of a delinquent act is signed.[20]

Where are juvenile records stored?

            Juvenile court records are stored in New Jersey’s Family Automated Case Tracking System (FACTS)[21] and the Juvenile Central Registry.[22]  FACTS holds information on all matters of juvenile delinquency, dissolution, domestic violence, family in crisis, abuse and neglect, and guardianship.[23]  The Juvenile Central Registry is part of the FACTS system.[24]  The Juvenile Central Registry includes all relevant documentation pertaining to a juvenile’s case.[25]

            The Juvenile Central Registry is different from New Jersey’s Criminal History Record Information (CHRI) system.[26]  The CHRI system contains documents regarding adults, including arrests, indictments, formal charges, convictions, dismissals, or sentencing.[27]  However, it is important to note that the CHRI system will hold information regarding a juvenile charged as an adult.

What information does a juvenile court record contain?

            The Juvenile Central Registry includes, but is not limited to the following: records of official court documents such as complaints, pleadings and orders; information pertaining to pretrial matters; and the juvenile’s arrest, disposition, and probation status.[28]  The registry may also contain statements made by the juvenile[29] and reports or records relating to mental health services provided to the juvenile before adjudication.[30]  However, these statements, mental health reports, and/or records may only be disclosed to the court after an adjudication of delinquency or finding of guilt has been entered, unless the juvenile and defense counsel consents to prior disclosure.[31]  The reports may never be used in any proceeding or investigation involving the juvenile that is pending or subsequently initiated.[32]

Who can access juvenile records?

Public:  Generally, all social, medical, psychological, legal and other records of the court and law enforcement agencies related to a juvenile delinquency charge are “strictly safeguarded” and not available for public inspection.[33]

            Public disclosure of the juvenile’s name, offense, and adjudication is permitted if the juvenile is found delinquent for an offense that would constitute aggravated assault, property damage greater than $500.00, or a crime in the first, second, or third degree, if committed by an adult.[34]  A juvenile may prevent disclosure by showing a substantial likelihood that disclosure would result in specific and extraordinary harm.[35]  The records of juveniles charged as adults are also available in the CHRI system.

Victims and Civil Litigants:  Although the public is generally prohibited from accessing juvenile records, any potential party involved in a civil action for damages arising from an act of delinquency committed by a juvenile, including the victim or victim’s family, may access certain records.[36]  At the time of the juvenile’s charge, adjudication, or disposition, these individuals may request information regarding the juvenile’s identity, the offense charged, and the adjudication and disposition.[37]

            Access is limited to official court documents; records may be disclosed only in connection with asserted legal claims or actions for indemnification on behalf of the victim or victim’s family.[38]  In addition, and only with approval from the County Prosecutor’s Office or State Criminal Justice Division, a potential party may access police or investigative reports concerning the act of delinquency.[39]  However, prior to disclosure, all personal information regarding individuals other than the requesting party and arresting or investigating officer will be redacted.[40]   Finally, the litigant may file a motion with the civil trial judge to have a juvenile’s social, medical, or psychological records admitted into evidence in the civil proceeding.[41]

 

State Agencies: A number of state agencies and court personnel have access to juvenile records.[42]  This includes any court or probation division; the Attorney General or county prosecutor; the Department of Human Services or Department of Children and Families, if providing care or custody to a juvenile; any institution or facility where a juvenile is in custody; persons or agencies with a direct interest in the matter who show good cause for disclosure; the Juvenile Justice Commission; the Victims of Crimes Compensation Agency; law enforcement; and the Office of Child Advocate.[43]

Attorneys:  A juvenile’s attorney may access social, medical, psychological, legal and other records of the court and probation division, and records of law enforcement agencies pertaining to a juvenile.[44]

 

School Officials:  On a confidential basis, the principal of a juvenile’s school may request relevant information regarding a juvenile’s identity, offense, and disposition.[45]  However, this information may not be maintained by the school or principal except as authorized by the Department of Education.[46]  If the principal finds it necessary to maintain discipline and order, appropriate staff and faculty members may also receive this information.[47]

 

Sealing and Expunging Delinquency Files or Records

How does a juvenile seal arrest or court records?

            Juveniles have the right to seal arrest and court records and may request a record sealing order by showing a period of good behavior or enlistment in the military.[48]

Good Behavior: The subject of a juvenile complaint may request an order prohibiting disclosure of social, medical, psychological, legal and other records of the court and probation services, and records of law enforcement agencies.[49]  Before the court grants an order, a juvenile must show that (a) two years have elapsed since the final discharge from legal custody or supervision, or from the entry of any other court order not involving custody or supervision, (b) the juvenile has not been convicted of a crime, disorderly persons offense, or adjudged delinquent, during the two years prior to filing the motion, and (c) no juvenile or criminal matter is pending.[50]

Enlistment:  Subject to certain limitations, a juvenile may request a sealing order at any time after the date of adjudication by enlisting in the U.S. military.[51]  A juvenile must present the court with a duly verified petition, setting forth all the facts in the matter, including proof of both enlistment and acceptance in a branch of the armed forces.[52]  Following an individual’s prayer for relief, the court may grant an order to seal all records concerning an adjudication – including records of the court, probation services and law enforcement agencies.[53]  If a juvenile fails to enter the armed forces, the sealing order is nullified.[54]

            Prior to sealing a juvenile’s records, written notice of the motion must be given to the following state agencies: the Attorney General and county prosecutor; any law enforcement agency or central depository with files and records included in the motion; and the institution, parole, or probation authority that granted the juvenile’s final discharge.[55]

            Sealed records are maintained by the Central Reception and Assignment Facility (CRAF); upon a court’s order, all records will be forwarded to CRAF for placement in the established sealed records file.[56]  Once the juvenile’s records are sealed, all index references shall be marked “not available” or “no record.”[57]  Upon inquiry, an individual and all law enforcement offices and departments may respond that there is no record with respect to such person.[58]  However, any subsequent adjudication of delinquency or conviction by an individual nullifies the prior sealing order.[59]

Who has access to sealed juvenile records?

            Sealed juvenile records may be maintained for the purposes of prior offender status, identification, and law enforcement.[60]  The court may permit subsequent inspection by persons named in the motion to seal the records; the court will also permit disclosure, by special order, to any clinic, hospital, or agency treating or caring for a juvenile, or to individuals or agencies engaged in fact-finding or research.[61]

Do juveniles have the ability to expunge arrest and court records?

            A juvenile may, at any time, petition to have an arrest that did not result in an adjudication of delinquency expunged.[62]  Such petition may be granted unless the acquittal, discharge or dismissal of charges were the result of a plea bargaining agreement involving other juvenile adjudications.[63]            

            With regards to court records, a juvenile may have either an entire juvenile record or a single adjudication expunged.[64]

Entire record: An entire juvenile record may be expunged upon showing that (a) five years have elapsed since the final discharge from legal custody or supervision, or from the entry of any other court order not involving custody or supervision, (b) the juvenile has not been convicted of a crime, a disorderly persons offense, adjudged delinquent, or in need of supervision during that period, (c) no juvenile or criminal matter is pending, (d) the juvenile has not been adjudicated delinquent for a disqualifying offense,[65] (e) the juvenile has never had an adult conviction expunged, and (f) the juvenile has never had an adult criminal charge dismissed following completion of a supervisory treatment or diversion program.[66]  Post-incarceration supervision[67] is not included in the five-year time calculation.[68]

Single Adjudication: Expungement of a single adjudication varies depending on whether the act, if committed by an adult, constituted a crime, a disorderly or petty disorderly persons offense, or an ordinance violation.[69]  Expungement in any of these three circumstances takes place by the same process as expungement of an adult record.[70]  In order to have the record expunged, the individual must present a duly verified petition to the Superior Court in the county where the adjudication occurred,[71] along with statements required by statute.[72] After a hearing, the court may deny expungement for reasons including, but not limited to, objection of a party put on notice of the petition, that the need for availability of the records outweighs the desirability of having a person freed from any disabilities, or a prior expungement.[73]

Expungement of an act constituting a crime

            Generally, if adjudicated delinquent for an act which, if committed by an adult, would constitute a crime, an individual may present a petition[74] to the court for expungement after ten years have elapsed,[75] provided the individual (a) has not been adjudicated delinquent or convicted of any prior or subsequent crime, and (b) has not been adjudged a disorderly person or petty disorderly person on more than two occasions.[76]  Adjudication on a disorderly persons offense or petty disorderly persons offense, while not an absolute bar to expungement, may be considered by the court and can form a basis for denial.[77]

            Should an individual wish to have the record expunged prior to the ten-year period, at least five years must have passed without conviction for any crime, disorderly persons offense, or petty disorderly persons offense since the prior conviction.[78] The court, in considering such a petition, must consider the nature of the offense and an applicant’s character and conduct since the adjudication, and may expunge the record only if it finds that expungement is in the public interest.[79]

Expungement of an act constituting a disorderly or petty disorderly persons offense    

            An individual adjudicated delinquent of a crime which, if committed by an adult, would constitute a disorderly persons or petty disorderly persons offense may petition[80] to have the record of such adjudication expunged after five years, provided that an individual has not been (a) convicted or adjudicated delinquent for any prior or subsequent crime, or (b) convicted or adjudicated delinquent for another three disorderly persons or petty disorderly persons offenses.[81]

Expungement of an act constituting the violation of an ordinance

            If two years have elapsed and an individual has (a) not been convicted or adjudicated delinquent for any prior or subsequent act constituting a crime and (b) not been convicted or adjudicated delinquent for more than two disorderly persons or petty disorderly persons offenses, an individual may present a duly verified petition requesting expungement of all records and information pertaining to the violation.[82]

            New Jersey’s state judiciary website provides a guide on expunging juvenile records.[83]  The guide provides general instructions and includes relevant forms.

Who has access to expunged juvenile records?

            With few exceptions, once juvenile records are expunged, all information pertaining to the arrest, adjudication, or any related proceedings is deemed not to have occurred, and an individual may answer any questions relating to the records accordingly.[84]  

 

Challenging Court Record and Arrest Record Accuracy

            Although New Jersey does not have any statutes that specifically address challenging the accuracy of juvenile court and arrest records, if an individual wishes to correct or supplement a prior record, and feels as though the current record does not truly and fully disclose what occurred in court, (s)he may apply on motion to that court to “settle the record”.[85]  Following that court’s determination, the appellate court, either on motion or sua sponte, may review the determination and order a correction of the record.[86]

 

Collateral Consequences Affecting Elementary or Secondary Education

Will a juvenile record lead to suspension or expulsion from elementary or secondary school?

            New Jersey law appears to allow suspension for conduct that takes place off school grounds.  The State’s statute contains an enumerated list of causes for suspension or expulsion of students.[87]  Although the list does not clearly state that suspension or expulsion may occur for conduct that takes place off school grounds, it does specify that some activities must be on school grounds, while leaving others unspecified.[88]  For example, conduct such as “assault of another pupil,” and “harassment, intimidation, or bullying” do not have to take place on school ground, while possession of alcoholic beverages or controlled substances must be on school premises.[89]  There is a limit on the length of suspension, unless the board of education votes to continue the suspension or expel the student.[90]

            In addition, any pupil who is convicted or adjudicated delinquent for possession of a firearm or a crime while armed with a firearm while on school property, a school bus, or at a school sponsored function will be immediately suspended pending a hearing.[91]  A student who commits assault on any teacher, administrator, board member or other school employee on school property will also be immediately removed from the regular education program.[92]  In either of these situations, a student will be placed into an alternative education program, or provided with home instruction, should an alternative facility not be available.[93]  Before returning to the student’s normal education environment, a school’s chief administrator must determine whether the student is prepared to return.[94]

             

Employment Opportunities

            Juvenile records are “strictly safeguarded” from public inspection.[95]  The records are made available only to those parties enumerated by statute.[96]  However, there is no statute that prohibits employers from asking an individual about juvenile adjudications.  In November 2009, a bill was introduced to both the Senate and Assembly, which would prohibit employers from requesting or inquiring about juvenile adjudications;[97] neither body has voted to pass the bill.[98]  In addition, it is important to note that law enforcement has access to juvenile records,[99] and can disqualify any applicant with a juvenile adjudication of delinquency.[100]

How do Juvenile Records affect Professional Licensing?

            Criminal history checks conducted by licensing agencies do not include an individual’s juvenile record, unless a juvenile was charged as an adult.[101]  However, as with employment, there is no absolute bar on an agency asking an individual about a juvenile record.

 

Public Benefits & Privileges

Will an arrest or adjudication of a juvenile household member get a family evicted from public housing?

            New Jersey has a statutorily enumerated list of ways by which a landlord may evict a tenant.[102]  The list applies to both public and private housing.[103]  If housing is under control of a public housing authority, and a household member has substantially breached any covenants or agreements in the lease related to illegal use of controlled substances or other illegal activities, the household may be evicted.[104]  The leases and convents must conform to all federal laws regarding public housing guidelines.[105]

            Under federal guidelines, households that include a juvenile who must register as a sex offender will be banned from public housing forever.[106] Households which include a member who has been convicted, as an adult or juvenile, of manufacturing or otherwise producing methamphetamine on the premises of a federally assisted housing program will also be banned permanently from admission to public housing.[107]

            In addition, a household may also be banned from public housing if a housing provider determines that a member iscurrently engaged in the illegal use of a controlled substance or if the housing provider has a reasonable belief that a household member’spattern of illegal drug use may threaten the health, safety, or right to peaceful enjoyment of the premise by other residents.[108]  When considering whether to admit a household that was formerly rejected due to a member’s illegal drug usage, the housing provider may consider a member’s rehabilitation as evidenced by completing or participating in treatment.[109]

            A housing provider may exclude any household which includes a member currently engaging in, or has engaged in during a reasonable time before the admissions decision, any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees.[110]

Will an arrest or an adjudication of a juvenile household member get a family evicted from private housing?

            If a juvenile is adjudicated delinquent on the basis of an act which, if committed by an adult, would constitute an offense under the “Comprehensive Drug Reform Act of 1987” and the juvenile has not (a) successfully completed or (b) been admitted to a drug rehabilitation program, the family may be evicted by a private landlord.[111]  However, if the juvenile adjudication constitutes an offense of possession, this statute does not apply.[112]

Will an arrest or an adjudication of a juvenile affect an individual’s driver’s license?

            When considering an appropriate disposition for a juvenile, the court may postpone, suspend, or revoke the driver’s license of a juvenile for a period not to exceed two years.[113]

 

Special Offender Registries

When will a juvenile have to register as a sex offender?

            Juvenile sexual offenders are required to register in the same manner as adults.[114]

Who has access to the sex offender registry?

            The sex offender registry in New Jersey is divided into three tiers.[115]  If the risk level is low, the offender is considered a Tier One offender, and only law enforcement agencies are notified.[116]  A Tier Two offender is considered a moderate risk, and in addition to law enforcement, the information may also be released to schools, licensed day care centers, summer camps, and registered community organizations.[117]  Finally, a Tier Three offender is considered high risk, and members of the public will have access to the sexual offender information.[118]

What information is included in a sexual offender notification?

            All three levels of notification include the same information.  The information includes the offender’s name, description, photograph, address, place of employment or school, vehicle and license plate information, and a brief description of the offense.[119]  It is important to note that although someone who is notified about the information may share it with those residing in the same household, or to anyone caring for the household’s children, it may not be disclosed to any other parties.[120]

Is there any relief for those on the sex offender registry?

            Since juveniles are treated the same as adults for sex offender registration purposes, relief is the same, as well.[121]  An individual may, fifteen years following conviction or release from a correctional or juvenile facility, apply to the Superior Court of the State to terminate the obligation to register.[122]  Relief is provided if an individual can prove that no subsequent offenses were committed since the initial offense and the court feels the individual will not pose a threat to the safety of others.[123]


 

 


[1]N.J. Stat. Ann. § 2A:4A-60 (2010).

[2]N.J. Stat. Ann. § 2A:4A-22 (2010).

[3]N.J. Stat. Ann. § 2A:4A-30 (2010).

[4]Id.

[5]State of New Jersey Juvenile Justice Commission, Juvenile Justice Process,available at http://www.nj.gov/oag/jjc/movingjjc.htm (last visited June 28, 2010).

[6]N.J. Stat. Ann. § 2A:4A-26 (2010).

[7]N.J. Stat. Ann. § 2A:4A-23 (2010).

[8]N.J. Stat. Ann. § 2A:4A-48 (2010).

[9]N.J. Stat. Ann. § 2A:4A-27 (2010).

[10]N.J. Stat. Ann. § 2A:4A-26 (2010).

[11]N.J. Stat. Ann. § 2A:4A-18 (2010). 

[12]N.J. Stat. Ann. § 2C:11-3 (2010)

[13]N.J. Stat. Ann. § 2A:4A-27 (2010). 

[14]N.J. Stat. Ann. § 2A:4A-26 (2010).

[15]Id.

[16]Id.

[17]Id. 

[18]Id.

[19]Id. 

[20]The State of New Jersey, Moving Through the Juvenile Justice System, available at http://www.nj.gov/oag/jjc/thru_system.htm (last visited December 14, 2010).

[21]New Jersey Judiciary, Family Automated Case Tracking System (FACTS),available at http://www.judiciary.state.nj.us/isd/facts.htm (last visited November 18, 2010).

[22]N.J. Stat. Ann. § 2A:4A-60(12) (2010)

[23]New Jersey Judiciary, Family Automated Case Tracking System (FACTS), available at  http://www.judiciary.state.nj.us/isd/facts.htm (Last visited June 5, 2010).

[24]Press release, New Jersey Judiciary, New Jersey Judiciary Improves Service with Central Registry in Juvenile Cases (August 23, 2005), available at http://www.judiciary.state.nj.us/pressrel/p050823a.htm.

[25]N.J. Stat. Ann. § 2A:4A-60 (2010).

[26]N.J. Admin. Code § 13:59-1.1 (2010).

[27]Id.  

[28]N.J. Stat. Ann. § 2A:4A-60(a)(12) (2010).

[29]N.J. Stat. Ann. § 2A:4A-60.2 (2010).

[30]N.J. Stat. Ann. § 2A:4A-60.3 (2010).

[31]N.J. Stat. Ann. § 2A:4A-60.2 (2010); N.J. Stat. Ann. § 2A:4A-60.3 (2010).

[32]N.J. Stat. Ann. § 2A:4A-60.2(b) (2010).

[33]N.J. Stat. Ann. § 2A:4A-60 (2010).

[34]N.J. Stat. Ann. § 2A:4A-60(f) (2010).

[35]Id.

[36]N.J. Stat. Ann. § 2A:4A-60(a)(9) (2010).

[37]N.J. Stat. Ann. § 2A:4A-60(c)(1) (2010).

[38]Id.

[39]N.J. Stat. Ann. § 2A:4A-60(a)(10) (2010).

[40]Id.

[41]N.J. Stat. Ann. § 2A:4A-60(a)(9) (2010).

[42]N.J. Stat. Ann. § 2A:4A-60 (2010).

[43]Id

[44]N.J. Stat. Ann. § 2A:4A-60(a)(3) (2010).

[45]N.J. Stat. Ann. § 2A:4A-60(c)(3) (2010).

[46]Id

[47]N.J. Stat. Ann. § 2A:4A-60(d) (2010).

[48]N.J. Stat. Ann. § 2A:4A-62 (2010).

[49]Id

[50]Id.

[51]N.J. Stat. Ann. § 2A:4A-62(b) (2010).

[52]Id.

[53]Id

[54]Id.

[55]N.J. Stat. Ann. § 2A:4A-62(c) (2010).

[56]N.J. Admin. Code § 10A:22-4.3 (2010).

[57]N.J. Stat. Ann. § 2A:4A-62(d) (2010).

[58]Id.

[59]N.J. Stat. Ann. § 2A:4A-62(e) (2010).

[60]Id. at (d).

[61]Id.

[62]N.J. Stat. Ann. § 2C:52-6 (2010).

[63]Id. It is important to note that, should the adjudication included in the plea bargain be expunged, the bar to expungement defined in § 2C:52-13(c) does not apply. 

[64]N.J. Stat. Ann. § 2C:52-4.1 (2010).

[65]N.J. Stat. Ann. § 2C:52-2 (2010).

[66]N.J. Stat. Ann. § 2C:52-4.1  (2010).

[67]N.J. Stat. Ann. § 2A:4A-44 (2010).

[68]N.J. Stat. Ann. § 2C:52-4.1 (2010). 

[69]N.J. Stat. Ann. § 2C:52-4.1 (2010).

[70]Id.

[71]N.J. Stat. Ann. § 2C:52-7 (2010).

[72]N.J. Stat. Ann. § 2C:52-8 (2010). 

[73]N.J. Stat. Ann. § 2C:52-14 (2010).

[74]N.J. Stat. Ann. § 2C:52-7 (2010).

[75]N.J. Stat. Ann. § 2C:52-2(a) (2010).

[76]N.J. Stat. Ann. § 2C:52-2 (2010).

[77]N.J. Stat. Ann. § 2C:52-2(a) (2010).

[78]N.J. Stat. Ann. § 2C:52-2(a)(2) (2010).

[79]Id.

[80]N.J. Stat. Ann. § 2C:52-7 (2010).

[81]N.J. Stat. Ann. § 2C:52-3 (2010).

[82]N.J. Stat. Ann. § 2C:52-4 (2010).

[83]New Jersey Judiciary, How to Expunge Your Criminal and/or Juvenile Record (April 2009), http://www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf.

[84]N.J. Stat. Ann. § 2C:52-27 (2010).

[85]N.J. Ct. Rule 2:5-5(a) (2010).

[86]Id.

[87] N.J. Stat. Ann. § 18A:37-2 (2010). 

[88]Id. 

[89] Id. 

[90] N.J. Stat. Ann. § 18A:37-5 (2010). 

[91] N.J. Stat. Ann. § 18A:37-8 (2010). 

[92] N.J. Stat. Ann. § 18A:37-2.2 (2010). 

[93] Id. 

[94] N.J. Stat. Ann. § 18A:37-2.5 (2010). 

[95]N.J. Stat. Ann. § 2A:4A-60(a) (2010).

[96]Id.

[97]S. 12, 213th Leg., 2d Ann. Sess. (N.J. 2009); A. 4198, 213th Leg., 2d Ann. Sess. (N.J. 2009).

[98]Id.

[99]N.J. Stat. Ann. § 2A:4A-60 (2010).

[100]New Jersey State Police, Disqualification Information, available at http://www.state.nj.us/njsp/recruit/disqual.html (Last visited June 27, 2010).

[101]State of New Jersey Department of Education, Criminal History Review, available at  http://www.state.nj.us/education/educators/crimhist/faq.htm (Last visited June 27, 2010).

[102]N.J. Stat. Ann. § 2A:18-61.1 (2010). 

[103]N.J. Stat. Ann. § 2A:18-61.1(e)(2) (2010).

[104]Id.

[105]Id.

[106]42 U.S.C. § 13663(a) (2010).

[107]42 U.S.C. § 1437n(f)(1) (2010); 24 C.F.R. § 966.4(l)(5)(i)(A) (2010).

[108]24 C.F.R. § 966.4(l)(2)(iii) (2010); 24 C.F.R. § 966.4(l)(5)(i)(B) (2010) (“In addition, the lease must provide that a PHA may evict a family when the PHA determines that a household member is illegally using a drug”).

[109]42 U.S.C. § 13661(b)(2) (2010); 24 C.F.R. § 982.553(a)(1)(i)(A) (2010) (The household may be readmitted if “the evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA”).

[110]Id.

[111]N.J. Stat. Ann. § 2A:18-61.1(n) (2010).

[112]Id. 

[113]N.J. Stat. Ann. § 2A:4A-43(17) (2010).

[114]New Jersey State Police, Common Questions About Megan’s Law, available at http://www.state.nj.us/njsp/spoff/faq.html (Last visited June 27, 2010); N.J. Stat. Ann. § 2C:7-2 (2010).

[115]New Jersey State Police, Common Questions About Megan’s Law, available at http://www.state.nj.us/njsp/spoff/faq.html (Last visited June 27, 2010). 

[116]Id.

[117]Id.

[118]Id.

[119]Id.

[120]Id.

[121]N.J. Stat. Ann. § 2C:7-2 (2010).

[122]N.J. Stat. Ann. § 2C:7-2(f) (2010).

[123]Id.

Resources/Links

New Jersey Attoney Genreal Juvenile Justice Commission
http://www.state.nj.us/lps/jjc/index.html
Advocates for Children of New Jersey
http://www.acnj.org/home.asp?uri=1000&frst=1000
Office of Juvenile Justice and Delinquency Prevention
http://www.ojjdp.gov/
New Jersey Juvenile Justice Report
http://nj.gov/lps/jjc/2007-AnnualDetentionStatisticsReport.pdf
New Jersey Office of the Public Defender
http://www.state.nj.us/defender/
Atlantic County Office of the Prosecutor
http://www.acpo.org/