Had a prior drug conviction in New Jersey? Even just possession? No benefits for you. Does this mean unemployment as well?

This law (passed almost unanimous by the Senate and House) was vetoed by Governor Christie.  Guys the heart to heart Town halls, was allot of talk?  I need a lawyer to understand if I am unemployed, if I will receive unemployment cash befits, if I am laid off.

SENATE, No. 2806

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED MARCH 12, 2015

Sponsored by:

Senator  SANDRA B. CUNNINGHAM

District 31 (Hudson)

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

Co-Sponsored by:

Senators Singer and Ruiz

SYNOPSIS

     Removes restrictions on convicted drug offenders receiving general assistance benefits under Work First New Jersey program.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning eligibility for Work First New Jersey General Assistance benefits and amending P.L.1997, c.14.

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    Section 5 of P.L.1997, c.14 (C.44:10-48) is amended to read as follows:

     5.  a.  Only those persons who are United States citizens or eligible aliens shall be eligible for benefits under the Work First New Jersey program.  Single adults or couples without dependent children who are legal aliens who meet federal requirements and have applied for citizenship, shall not receive benefits for more than six months unless (1) they attain citizenship, or (2) they have passed the English language and civics components for citizenship, and are awaiting final determination of citizenship by the federal Immigration and Naturalization Service.

     b.    The following persons shall not be eligible for assistance and shall not be considered to be members of an assistance unit:

     (1)   non-needy caretakers, except that the eligibility of a dependent child shall not be affected by the income or resources of a non-needy caretaker;

     (2)   Supplemental Security Income recipients, except for the purposes of receiving emergency assistance benefits pursuant to section 8 of P.L.1997, c.14 (C.44:10-51);

     (3)   illegal aliens;

     (4)   other aliens who are not eligible aliens;

     (5)   a person absent from the home who is incarcerated in a federal, State, county, or local corrective facility or under the custody of correctional authorities, except as provided by regulation of the commissioner;

     (6)   a person who: is fleeing to avoid prosecution, custody, or confinement after conviction, under the laws of the jurisdiction from which the person has fled, for a crime or an attempt to commit a crime which is a felony or a high misdemeanor under the laws of the jurisdiction from which the person has fled; or is violating a condition of probation or parole imposed under federal or state law;

This was to be take out but was vetoed

     (7)   [a person convicted on or after August 22, 1996 under federal or state law of any offense which is classified as a felony or crime, as appropriate, under the laws of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the federal "Controlled Substances Act" (21 U.S.C. s.802 (6)), who would otherwise be eligible for general public assistance pursuant to P.L.1947, c.156 (C.44:8-107 et seq.); except that such a person who is convicted of any such offense which has as an element the possession or use only of such a controlled substance may be eligible for Work First New Jersey general public assistance benefits if the person enrolls in or has completed a licensed residential drug treatment program.

     Eligibility for benefits for a person entering a licensed residential drug treatment program which does not operate in a State correctional facility or county jail shall commence upon the person's enrollment in the drug treatment program, and shall continue during the person's active participation in, and upon completion of, the drug treatment program, except that during the person's active participation in a drug treatment program and the first 60 days after completion of a drug treatment program, the commissioner shall provide for testing of the person to determine if the person is free of any controlled substance.  If the person is determined to not be free of any controlled substance during the 60-day period, the person's eligibility for benefits pursuant to this paragraph shall be terminated; except that this provision shall not apply to the use of methadone by a person who is actively participating in a drug treatment program, as prescribed by the drug treatment program.  The commissioner, in consultation with the Commissioner of Health and Senior Services, shall adopt regulations to carry out the provisions of this paragraph, which shall include the criteria for determining active participation in and completion of a drug treatment program.

     Eligibility for benefits for a person who completes a licensed residential drug treatment program which operates in a State correctional facility or county jail, in accordance with section 1 of P.L.2014, c.1 (C.26:2B-40), shall commence upon release from incarceration.

     Cash benefits, less a personal needs allowance, for a person receiving general public assistance benefits under the Work First New Jersey program who is enrolled in and actively participating in a licensed residential drug treatment program shall be issued directly to the drug treatment provider to offset the cost of treatment.  Upon completion of the drug treatment program, the cash benefits shall be then issued to the person.  In the case of a delay in issuing cash benefits to a person receiving Work First New Jersey general public assistance benefits who has completed the drug treatment program, the drug treatment provider shall transmit to the person those funds received on behalf of that person after completion of the drug treatment program;] 

---ABOVE WAS VETOED

     (8)   a person found to have fraudulently misrepresented his residence in order to obtain means-tested, public benefits in two or more states or jurisdictions, who shall be ineligible for benefits for a period of 10 years from the date of conviction in a federal or state court; or

     (9)   a person who intentionally makes a false or misleading statement or misrepresents, conceals, or withholds facts for the purpose of receiving benefits, who shall be ineligible for benefits for a period of six months for the first violation, 12 months for the second violation, and permanently for the third violation.

     c.     A person who makes a false statement with the intent to qualify for benefits and by reason thereof receives benefits for which the person is not eligible is guilty of a crime of the fourth degree.

     d.    Pursuant to the authorization provided to the states under 21 U.S.C. s.862a(d)(1), this State elects to exempt from the application of 21 U.S.C. s.862a(a):

     (1)   needy persons and their dependent children domiciled in New Jersey for the purposes of receiving benefits under the Work First New Jersey program and food assistance under the federal "Food and Nutrition Act of 2008," Pub.L.110-234 (7 U.S.C. s.2011 et seq.); and

     (2)   single persons and married couples without dependent children domiciled in New Jersey for the purposes of receiving food assistance under Pub.L.110-234.

(cf: P.L.2014, c.1, s.2)

     2.    This act shall take effect immediately.

STATEMENT

     This bill removes the eligibility restrictions for receiving general assistance benefits under the Work First New Jersey program for persons who have been convicted of an offense involving the use, possession, or distribution of a controlled dangerous substance.

     Currently, persons convicted of offenses involving the use, possession, or distribution of a controlled dangerous substance are ineligible for general assistance benefits, except that a person whose conviction involves possession or use may become eligible for benefits if the person enrolls in or completes a licensed residential drug treatment program.  For persons enrolled in a treatment program, this exception is contingent on continued participation in the program and periodic drug screenings demonstrating the person has not used any controlled dangerous substance.  There is currently no exception to the general assistance eligibility restriction for persons convicted of offenses involving distribution of a controlled dangerous substance.

     Under the bill, people convicted of offenses involving controlled dangerous substances would be subject to the same eligibility requirements to receive general assistance benefits as apply to the general population, with no additional requirements or restrictions.

Can I now have my past expunged in New Jersey without proving "good cause" in 5 years?

It took almost 2 years of back and forth revisions, and pocket-veto by the Governor , but this is the current law that takes effect April 18, 2016

1.  New Expungement Law permits petitions for Expungement of arrests in shorter time periods.

        This is an excellent law to help non-violent offenders.     

       This new law establishes new expungement procedures for records and information pertaining to crimes and offenses, including procedures for persons who are, or previously have been, successfully discharged from the State's special probation drug court program.  It also provides shorter waiting periods before certain records and information become expungeable.

     You can now get expungements for both the crime and the disorderly persons convictions.

      

       The new law takes effect April 18, 2016.

      The time period for expunging a Municipal Court criminal charge may be reduced to 3 years if you can show exception circumstances. Otherwise it stays 5 years.

      

    Regarding a person with a criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court in the county in which the criminal conviction was adjudged.  That application could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses.  The application could only be filed after the expiration of five years from the date of the person's most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, for the crime or for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period under current law for a criminal conviction expungement is ordinarily 10 years).  Alternatively, the court could grant an expungement on the application if less than five years has expired from the payment of any fine but the five-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.

      Regarding a person with a conviction for a disorderly persons or petty disorderly persons offense, but no criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court concerning that offense following a procedure similar to that used for criminal convictions.  The application, like an application concerning a criminal conviction, could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses.  The application could only be filed after the expiration of three years from the date of the person's most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period on convictions for such offenses under current law is five years).  Alternatively, the court could grant an expungement on the application if less than three years has expired from the payment of any fine but the three-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.

      Regarding a person with an arrest or charge that did not result in a conviction or finding of guilt, whether the proceedings were dismissed, or the person acquitted or discharged, upon a person presenting an application for expungement:

      (1) if the proceedings took place in Superior Court, the court, at the time of dismissal, acquittal, or discharge, would order the expungement of all records and information relating to the arrest or charge; or

      (2) if the proceedings took place in municipal court, the municipal court would provide the person with appropriate documentation to transmit to the Superior Court to request an expungement, and the Superior Court, upon receipt of the documentation with an expungement request would take action to order the expungement of all records and information relating to the arrest or charge.  A person seeking such an expungement of municipal court matters would not be charged an application fee for taking such action.

      An expungement related to a dismissal, acquittal, or discharge without a conviction or finding of guilt would not be available whenever the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges.  However, this bar on such expungements would no longer apply once the conviction connected to the plea bargain was itself expunged.

      If the person did not apply for an expungement related to a dismissal, acquittal, or discharge at the time such action occurred, the person could, at any time following the disposition of proceedings, present to the Superior Court in the county in which the disposition occurred an application with a duly verified petition, containing relevant details concerning the applicant and the arrest or charge for which the expungement is sought.  The person, pursuing this "after the fact" expungement application, would also not be charged an application fee.

      A copy of any Superior Court order of expungement related to a dismissal, acquittal, or discharge would be presented to the appropriate court and the prosecutor.  The prosecutor would then be responsible for promptly distributing copies of the expungement order to appropriate agencies with custody and control of the records specified in the order so that they may be properly expunged.

      Regarding a person who is, or was prior to the effective date of the law, successfully discharged from the State's special probation drug court program, the law would permit the Superior Court that had sentenced the person to the program to expunge all records and information relating to prior arrests, detentions, convictions, and proceedings for any offense enumerated in the Criminal Code, Title 2C of the New Jersey Statutes, existing at the time of discharge from the program.  However, the person would not be eligible for such an expungement action if the person's records include a conviction for any offense barred from expungement pursuant to N.J.S.2C:52-2.          

      For a person who is successfully discharged on or after the effective date of the law, the person would only be eligible to have all prior matters expunged if the person was not convicted of any crime, disorderly persons offense, or petty disorderly persons offense during the term of special probation.  For a person who was successfully discharged prior to the effective date of the law, the person would only be eligible to have all matters expunged that existed at the time of discharge from the program if the person has not been convicted of any crime or offense since the person's date of discharge.