Point Pleasant Beach, NJ asked in Criminal Law, Federal Crimes and Employment Law for New Jersey

Q: 2C:52-11B(1) charges amended question. PLEASE ANSWER IF YOU CAN. THANK YOU!

I was charged with 2C:52-11B (1) I did not steal. I went shopping with two ex-friends, they went one direction I went the other. We met back at my car when the police ran up. Charging all 3 of us with shoplifting. My charge was amended to violation of municipal ordinance 271-1a Loitering. I am answering an employment packet that asks about if theft was committed. I did not steal my ex friends stole and the charge was amended to a loitering charge. How would I answer this question to protect my rights. Thank you so much

3 Lawyer Answers
Mark Cheser
Mark Cheser
Answered
  • Criminal Law Lawyer
  • Union, NJ
  • Licensed in New Jersey

A: 2C:52-11 is in the expungement section. You were likely charged with 2C:20-11, shoplifting. The loitering is not a theft charge and as an ordinance is rarely seen on the CCH, the official record normally checked by employers, anyway. The problem is that the original charge is still on there and it is a theft offense. You can expunge the record two years after your sentence is over, on an ordinance normally when the fines are paid. But why did you plead to anything? The video would certainly have cleared you if the information in your post is correct.

James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: I thoroughly respect the opinion of Mr. Cheser. I would add that you should bring the specifics of your case to a lawyer and have them review the question and your record.

H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: The answer depends on many factors, such as who your employer is (obviously the answer is different if they have access to law enforcement records) whether you had an expungment and not just what you plead guilty to, but what you said in court to plead guilty to the charge. Thus no easy answer really exists.

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