2A:168A-8 Issuance of certificate; conditions.
2.A certificate may be issued pursuant to this act as follows:
a. (1) A court, in its discretion, may issue a certificate at the time of sentencing if the applicant:
(a)is a qualified offender, who is being sentenced to a non-incarcerative sentence for a second, third or fourth degree crime;
(b)has established that a specific licensing or employment disqualification, forfeiture or bar, will apply to him, and may endanger his ability to maintain existing public employment or employment for which he has made application, or to engage in a business enterprise for which a license or certification is required;
(c)has no pending criminal charges, and there is no information presented that such a charge is imminent; and
(d)has established that the relief is consistent with the public interest.
(2)A certificate issued under this subsection shall apply only to the specific disability, forfeiture or bar that is affected, which must be specifically described in the certificate document.
b. (1) A supervising authority may issue a certificate in regard to a qualified offender who is, or had previously been, under supervision by the supervising authority if the supervising authority determines that:
(a)the applicant is convicted of a second, third or fourth degree offense and is eligible for relief under subsection c. of this section;
(b)the applicant has not been convicted of a crime since the conviction for which he is under supervision, has no pending criminal charge, and there is no information presented that such a charge is imminent;
(c)issuing the certificate will not pose a substantial risk to public safety; and
(d)issuing the certificate will assist in the successful reintegration of the offender and is consistent with the public interest.
(2)A certificate issued pursuant to this subsection may suspend disabilities, forfeitures and bars generally within the limits of this act, or only certain disabilities, forfeitures and bars, specifically named in the certificate document.
c.A qualified offender is eligible for relief under subsection b. of this section if the offender has not been convicted of:
(1) a first degree crime;
(2)an offense to which section 2 of P.L.1997, c.117 (C.2C:43-7.2) applies;
(3)a second degree offense defined in chapters 13, 14, 15, 16, 24, 27, 30, 33, 38 of Title 2C of the New Jersey Statutes;
(4)a violation of subsection a. of N.J.S.2C:24-4 or paragraph (4) of subsection b. of N.J.S.2C:24-4;
(5)a crime requiring registration pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2);
(6)a crime committed against a public entity or against a public officer;
(7)a crime enumerated in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1) committed by a public employee, which involves or touches upon the employee's office, position or employment, such that the crime was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person;
(8)any crime committed against a person 16 years of age or younger, or a disabled or handicapped person; or
(9)a conspiracy or attempt to commit any of the crimes described in this subsection.
d. (1) A supervising authority may issue a certificate in regard to a qualified offender, when three years have passed since the applicant has completed the incarcerative or supervisory portion of his sentence, whichever is later, and the supervising authority finds that:
(a)the applicant is eligible for such relief as defined in subsection e. of this section;
(b)issuing the certificate does not pose a substantial risk to public safety; and
(c)issuing the certificate will assist in the successful reintegration of the offender and is consistent with the public interest.
(2)The certificate issued pursuant to this subsection may suspend disabilities, forfeitures and bars generally within the limits of this act, or only certain disabilities, forfeitures and bars specifically named in the certificate document.
e.A qualified offender is eligible for relief under subsection d. of this section if he has remained without criminal involvement since his conviction, including that he has not subsequently been convicted of a crime, has no pending charges for any crime, and there is no information presented that such a charge is imminent; and is applying for relief from a conviction other than:
(1)a first degree crime;
(2)any of the offenses to which section 2 of P.L.1997, c.117 (C.2C:43-7.2) applies;
(3)a violation of subsection a. of N.J.S.2C:24-4 or paragraph (4) of subsection b. of N.J.S.2C:24-4;
(4)a crime requiring registration pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2);
(5)a crime enumerated in subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1) committed by a public employee, which involves or touches upon the employee's office, position or employment, such that the crime was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person;
(6)a crime committed against a person 16 years of age or younger, or a disabled or handicapped person; or
(7)a conspiracy or attempt to commit any offense described in this paragraph.
L.2007, c.327, s.2.
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Last modified: October 11, 2016