Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Wednesday, July 29, 2020

Comparison of Adult and Juvenile Terms in expungements

Comparison of Adult and Juvenile Terms in expungements
The table below compares commonly understood criminal terms to terms specific to juvenile delinquency matters. Juvenile delinquency matters should not be considered the same as adult criminal actions. The process for expunging juvenile records, however, is the same as that for expunging adult criminal matters. In fact, if you have both adult and juvenile records that you wish to expunge, you should include all matters in your expungement petition.
Criminal Term Juvenile Term
Arrest Taking juvenile into custody
Conviction Adjudication of delinquency
Sentence Disposition
Indictment No equivalent - A juvenile is charged with an offense without an indictment process
Jail, prison or incarceration Secure facility, youth house or detention center or juvenile justice institution (specific names may vary)
Pretrial Intervention Program (PTI) Diversion - Juvenile Conference Committee or an Intake Services Conference
Glossary of Terms
Deferred Disposition: In a deferred disposition, the court adjudicates the juvenile delinquent and sets forth conditions for the juvenile to meet. If the juvenile meets the terms of those conditions, then the disposition will be dismissed pursuant to the court's order.
Diversion: A diversion is the process of removing minor juvenile cases from the full judicial process on the condition that the accused participates successfully in a rehabilitative process, such as a Juvenile Conference Committee or an Intake Services Conference. If conditions entered into by these diversions are met, then it results in a dismissal of the case, and no appearance before a judge is required.
Indictable Offense: A criminal offense that includes first, second, third and fourth degree crimes. An indictable offense does not include disorderly persons, petty disorderly persons or municipal ordinance violations.
Source https://njcourts.gov/forms/10557_exp
Try to Get a Lawyer
The court system can be confusing, and it is a good idea to get a lawyer if you can.
Keep Copies of All Papers
Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs and other important documents that relate to your case.
NOTE: Remember to also keep a copy of your final expungement order should your petition be granted. Once granted, obtaining a copy will require a judge’s order.

No comments: