[mad max]

Hello all, the hardest part is finally over, and it’s time to get my license! But I have a problem…

I have been trying (but unsuccessfully) to find out how to answer a pair of questions on the Application form. I searched the forums, but they all applied to arrests as an adult. I know this will be lengthy, but I’d really appreciate any guidance. I called the office on the form, but the woman was really rude, and when I asked her the question she (without saying anything) transferred me to another line, which went to VM. Now that I’ve finally passed, I do not want to mess up (or delay) my licensing process! Maybe someone here (not necessarily in NJ) has been in a similar situation and can help me out.

To Start: Some background

I have a juvenile record (misdemeanor, from when I was under 18). Whenever I have filled out a form that asks if I was ever convicted of a crime, etc, I always answer no. All my jobs over the past 10 years have run background checks, and no issue ever came up. And I just ran a criminal background check on myself, and it came up clean. But, as this is a professional public license, I understand it to be higher stakes.

As far as I am aware, like most juvenile records, it is sealed. But if I recall correctly, it was never expunged. I don’t even think there is a “simple” way to check. I could get it expunged for somewhere between $1,000-$2,000, but I have never had a need to do it. If I needed to do it, it would take many months, in addition to the months it will take to process the application.

Second: The Problem

The application itself does not mention juvenile record, and I don’t know how to answer these two problems from the NJ CPA Application:

8. Have you ever been summoned; arrested; taken into custody; indicted; tried; charged with; admitted into pre-trial intervention (P.T.I.); or pled guilty to any violation of law, ordinance, felony, misdemeanor or disorderly persons offense, in New Jersey, any other state or in any other jurisdiction? (Parking or speeding violations need not be disclosed, but motor vehicle violations such as driving while impaired or intoxicated must be.) YES or NO

AND

9. Have you ever been convicted of any crime or offense under any circumstances? This includes, but is not limited to, a plea of guilty, non vult, nolo contendere, no contest, or a finding of guilt by a judge or jury. “Yes,” provide a copy of the judgment of conviction and the release from parole or probation. Please provide a complete explanation. (Attach additional sheets of paper to this application.

According to NJ.Gov the Criminal Term “Convicted” is equivalent to the Juvenile Term “Adjudication of Delinquency”. Question 9 does not mention the latter.

My questions:

First, can I just answer “No” to these questions? Normally I would, since it is a juvenile arrest record.

Otherwise, if I have to answer “Yes,” can I answer “No” if I go through with expunging the record?

Else, if I have to answer “Yes,” Does anyone know how this will affect my application?

Or, I guess I could always call a lawyer, but I’d prefer to not spend money if its unnecessary. And I wouldn’t even know what kind of lawyer to look for.

[Missy]

call the NJ board and ask, as a general question without identifying yourself.

Otherwise check with a lawyer, I think you can answer no to both and I assume most people here will agree but lets be honest we're all just giving our best guess and this is too important for best guesses.

Licensed Massachusetts Non Reporting CPA since 2012
Finance/Admin/HR Manager

[mad max]

My first thought was calling, and the woman answered my first question but transferred me as soon as I asked the above without saying anything! That line went straight to VM so no idea how long I will wait…

My thought for #9 is that NJ uses different terms for juvenile arrests, so maybe it didn't apply (and for #8 too). Hoping that was the case.

I don't want to be dishonest though and I just want to do it right (but of course I don't want to say more than necessary).

[Scared-cpa]

Your best plan of action, in my opinion, is to call the board back and ask anonymously. Just say, “Hello, I was wondering if …” start the convo that way, so they will hear what you're asking before they transfer you or put you on ignore.

Second, you could always consult a lawyer. Most lawyers, at least around here, give free consultations and that's all you need. You don't need to retain a lawyer, just ask a simple question.

If I was in your shoes, I would do both of these just to be safe. I doubt it will cause any major problems but like the poster above said, it is too important to give a best guess on. This is a time you just need to be up front and not bashful about asking a question and getting it resolved. Congratulations, by the way, on passing these exams!

[mad max]

EDIT- Solved, Got off the phone with NJ Board, per person she spoke to at NASBA, I can check no.

[Author]

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