I'm going to my appointment for my FID card tomorrow and was just wondering one thing.

 

Question 17 asks: Have you ever been convicted of a disorderly persons offense, that has not been expunged or sealed?

 

I was convicted of a "simply assault" in 1990. Should I disclose this on my application?

 

I never had an exspongment on this and I'm not trying to hide it ether, just want to know if I should disclose it?

It's question #18 that is going to catch you:

 

"Have you ever been convicted of a criminal offense that has not been expunged or sealed?

 

To which you're going to have to answer yes. I believe that may give them pause....

I had something similar , but it feel under the misdemeanor section , I stated the charge on my app , I figured if I didn't put it , they would say I negleted to inform them. Either way when they do your backround check everything will appear , so why not just be upfront about it.

Melgamatic, I don't understand. I thought a "simple assault" was a misdemeanor and not a crime, am I wrong?

 

I don't think question 18 should be answered "yes" and I should state "no".

 

Now what I need to find out is if a "simple assault" is considered a "disorderly persons offense" for question number 17?

NJ CZ, I'll follow suit.

Title 2C defines Criminal Offenses, and "Simple Assault" is listed there in 2C:12-1. Misdemeanor is just a classification of possible penalty, no?

 

It doesn't ask if you have been convicted of a misdemeanor, felony, etc, it just asks about convictions of criminal offenses. It breaks out disorderly persons offense because they aren't specifically "criminal offenses," it appears to me on reading the code.

 

But, I'm not a lawyer, and although I have watched a lot of lawyer shows on TV, I dunno nothing.

 

I do like this version of the NJ statutes:

 

http://law.onecle.com/new-jersey/2c-the ... index.html

 

-Dave

But it also states that:

 

2C:12-1 Simple assault is a "disorderly persons offense" unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense

 

Now I may be wrong but I don't believe that a disorderly persons offense is a crime.

And this answers my question to number 17, I have to answer "yes".

 

I sure hope this won't disqualify me.

I wish I had an answer for you, but this state is confusing.

 

Present yourself as polite, curteous and humble.

 

Best of luck. I hope all goes well.

Thank you tb.

convicted of a "simply assault

 

Under NJ law, Simple Assault 2C:12 is a Disorderly Persons Offense:

 

Simple assault is a disorderly persons offense unless committed in a fight or

scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

 

I petty DP is not considered a crime under NJ statutes. NJ does not has misdemeanors. It has Petty DP, DP and Indictable Offenses. You will need the statute your were charged with to determine the level. They already know you have the record as it is returned with the prints.

 

Not disclosing it will only cause you grief and possibly set you up for problems down the road. In my experience a charge that long ago should not be an issue. No sense turning it into one.

Well I went to see the detective that issues the permits and was told that the simple assault will not disqualify me from my FID.

 

I was told if I don't disclose it then it would automatically not be approved.

 

I was also told from the detective that I need to go to a finger print capturing station and that it's called a "live scan" and that my results will be back in ten minutes, and they will have them the following day.

 

I was told to speak to my references and tell them to complete the form and send it back right away as most of the delays are from references not getting back right away and the mental health form will take about three weeks.

finger print capturing station

 

Is this something new? We still take prints right at the station. AFIS is quicker and neater.

Don't know how new it is but I was told there is no ink, I would have to have my fingers scanned and in 10 minutes it will have the outcome.