New Jersey Misdemeanors
Misdemeanors are categorized into classes in the state of New Jersey. Misdemeanors are classified as criminal offenses that are punishable by no more than twelve months for a single offense. Class A Misdemeanors can alter this rule. A conviction of the criminal possession of a weapon in the fourth degree will most often result in the jail sentence of more than a year with the result of a guilty plea towards an indictment. In this case the individual can be charged with a Class D Violent Felony of criminal possession of a weapon in the third degree according to New Jersey Law 265.02. Under theses circumstances the court will take the character of the individual into consideration along with past criminal histories, previous crimes, and the nature of the current crime. If a previous crime has been committed within five years of the current crime and the individual will be a hindrance to public safety, this conviction will be installed.
Class B Misdemeanors
A Class B Misdemeanor is punishable by a definite sentence in a county jail of no more than three months for a single crime. However if more than one Class B Misdemeanor offense has been committed, each offense can have an increase sentencing. If an individual also has prior offenses, a Class B Misdemeanor may be advanced to a Class A Misdemeanor and will have more severe punishments.
Unlike other states New Jersey has a category deemed the Unclassified Misdemeanors. These misdemeanors are also punishable by jail sentence but there is no set amount of time. Each Unclassified Misdemeanor shall receive a different amount of time for imprisonment as set through the court. The court will look at the crime's circumstances and the individual in question. If the offender has prior convictions a jail sentence can be as much as six months or more, but this depends on each crime and its severity.
New Jersey Violation
Violations are not classified as misdemeanors and do not have previously set jail sentences. However a jail sentence for a violation will not exceed fifteen days. At times the court may not impose a jail sentence for violation when specified as so under ordinance or law.
New Jersey Expungement
Expungement is the lawful erasure of past criminal history records. This allows individuals to state in court as well as on paper that he or she was never arrested for an offense. Record erasure allows deserving individuals to obtain employment, professional licenses, educational grants, and credit without the hindrance of a past arrest record. Expungement is available for some crimes in New Jersey if certain terms are met first. Without dispute those that have been arrested but had all convictions dismissed are eligible for record expungement.
Many crimes are eligible for expungement under certain terms. In many cases this includes felonies and misdemeanors; however, certain terms must first be met along with time restraints. The state of New Jersey has set specific time limits to how long individuals must wait before they are allowed to apply for expungement. See also:
New Jersey Felony External link (opens in new window)
New Jersey Expungement External link (opens in new window)
New Jersey Gun Laws External link (opens in new window)