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In the state of New Jersey can you become a parent one of…

In the state of New...
In the state of New Jersey can you become a foster parent one of the parents have an arrest record for domestic violence with no convictions?
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12/20/2017
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,362
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Good afternoon.Yes, the application will be denied. A criminal background checks are federally mandated for all prospective foster families.This means that a fingerprint check of each adult living in the home will be run through a national database. A foster care applicants will be denied if they have a history of felony child abuse or neglect, spousal abuse or crimes against children. Violent crimes such as rape, sexual assault and homicide convictions will also be automatic disqualifiers. If any applicant has been convicted of felony assault, battery or a drug-related offense in the last five years, the family will be disqualified from foster care.I hope this clarifies. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
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Customer reply replied 6 months ago
Their was no conviction. It was just an arrest and it was thrown out.
Customer reply replied 6 months ago
Well actually he completed a anger management program and that was the end of that. No convictions though.
Customer reply replied 6 months ago
NOLLE PROS-COMP 'DVI this was the disposition
iit would not preclude him. If a Nolle Pros was filed it means the case is dismissed.However this will pop up on the background check. He may want to explain the arrest and that the charge was dismissed because they will ask about it. I hope this clarifies. Please don’t forget to rate the question
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Customer reply replied 6 months ago
How can you seal or expunge that?
What year did the arrest take place?
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Customer reply replied 6 months ago
2013
Ok
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New Jersey law allows for expungement in a number of situations, including:Cases which were dismissed or did not result in a conviction
Cases where certain diversion programs were successfully completed.If the charges were dismissed pursuant to a program of supervisory treatment (such as PTI), conditional discharge, or conditional dismissal, you will still have an arrest record that can be expunged like any other. New Jersey State law permits the expungement of these records once six months have passed since the order of dismissal.A petition must be filed to expunge. Many people use a local attorney, but you can do it yourself. Here’s a link to the forms and a guide.http://www.nj.gov/corrections/pdf/OTS/FRARA/ParoleHandbook/10557_expunge_kit-11-2012.pdfI hope this clarifies.
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If you have any other questions please don’t hesitate to ask
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Customer reply replied 6 months ago
This was in the state of Florida where do I go from there?
  • He would have to file a petition for an expungment in Florida. Any arrest that result in a dismissal or nolle prosequi (Where the State of Florida drops the case) he is eligible for expungement off his criminal record, as long as you've never been adjudicated guilty or delinquent for any other charges on his criminal record. I'm not sure what the exact charge was, but there is a list of exclusion that are not available to be expunged. They are as follows:
  • Aircraft piracy;
  • Terrorism;
  • Arson;
  • Sexual misconduct;
  • Aggravated assault;
  • Aggravated battery;
  • Stalking or aggravated stalking;
  • Sexual battery;
  • Home burglary;
  • Prostitution;
  • Robbery and home invasion;
  • Public employee or public officer offenses;
  • Carjacking;
  • Child abuse or child sexual abuse;
  • Manslaughter;
  • Obscenity, including providing obscenity to minors, computer pornography and buying or selling minors under Florida obscenity laws;
  • Violations of the Communications Fraud Act;
  • Any type of domestic violence which results in an injury;
  • Murder;
  • Kidnapping;
  • Lewd or lascivious acts on children or the elderly;
  • Drug trafficking;
  • Abuse or aggravated abuse of the elderly, and
  • Illegal use of explosives.
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A​s long ass the charge and arrest was not one of he above listed he could file for an expungement in Florida. I hope this further clarifies. Please don't forget to rate the question.

KLAW
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Category: Legal
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Customer reply replied 6 months ago
Thank you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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