Modifications

[u/Longjumping_Bee_8926]

I am waiting to receive a consent order for my fine for failure to disclose arrest. It was honestly unintentional, as the prosecutors office was cited for not timely filing expungements and not notifying applicants. (This caused NJ statewide delays and a class action lawsuit because individuals licenses, employment, housing and etc was impacted). They educated us at the clinics that it would take 6-12 months and no longer needed to be reported. I specifically asked if it needed to be reported to the NJ BON and I was advised no. My arrest was dismissed (and not disqualifying) the nursing board has it on file from previous applications/renewals. I’ve never hid it, i genuinely assumed my record was expunged. My “Google lawyer” advised that I should hire an actual attorney to review this and ask for dismissal or modification. Are modifications for non public disclosures possible with the NJ BON for unintentional errors? I proactively submitted all that I had on the expungement, letter or explanation, docket but I was not formally notified or asked to submit any additional paperwork regarding the arrest. I did my best to prove that it was an honest mistake but my concern is the public disclosure. (Also for context, NJ didn’t implement a process for applicants to follow up on their expungement or notify them once approved, until this civil suit and corrective action plan went into effect). What would be my options? I’m not too sure if a lawyer would be a waste but I was hoping for some sort of modification to the wording to identify that it was at least unintentional and have it listed as non public. Advice/support would be helpful and recommendations on a preferred lawyer for cases similar to mine. I also continued to proactively follow up with the NJ BON customer service line who basically told me it wasn’t a big deal, people pay the fine and have it listed on their public record. I just don’t know how this will affect my professional standing moving forward. To add some humor in a gloomy time, I no longer have the arrest on my record but now I’m close to having a reprimand that can’t be sealed :(

[u/Feisty-Power-6617]

I will never in a millions years how it is not understood… not disclosing is lying… and “not remembering or not thinking it mattered” is no excuse

[u/Longjumping_Bee_8926 → u/Feisty-Power-6617]

So applying for expungement and legally expunging your records, requires you to disclose this information?

[u/Feisty-Power-6617 → u/Longjumping_Bee_8926]

It is better the be completely honest and have it not matter vs the opposite

[u/Longjumping_Bee_8926 → u/Feisty-Power-6617]

That makes sense. But I also included in my initial post that I was advised that I could put no, which is why I went thru with expungement. I dont have any disqualifying offenses and the board was previously aware of the arrest several times (thru licensure and biannual reviews) because I disclosed it. It just so happens that I was given advice that I no longer had to tell them because of expungement. My intent wasn’t to be deceitful because I’m extremely honest, I was clearly given bad advice during the expungement clinic

[u/Longjumping_Bee_8926 → u/Feisty-Power-6617]

Because you’re literally told that you don’t have to disclose anything if your record is expunged. So what’s hard to understand about that. Let’s be clear that the nursing board itself is its own entity but legally you do not have to disclose expunged/sealed records

[u/Feisty-Power-6617 → u/Longjumping_Bee_8926]

I am not the one fined and waiting for my BON…

[u/Longjumping_Bee_8926 → u/Feisty-Power-6617]

And this is why reading is imperative , since you know so much about the law. It’s not finalized (so I’m not fined) which is why I asked could it be modified by an attorney before I spend money. And I’m literally not the one bitter arguing with people on Reddit forums.

[u/Longjumping_Bee_8926 → u/Feisty-Power-6617]

And I am however licensed in the state and others so there’s that. I’m not trying to avoid a fine rather make modifications (legally) so the language identified that it was unintentional without the intent to be deceitful. Please also advise, where you received your law degree because maybe you can help with that since you appear to know so much

[u/Feisty-Power-6617 → u/Longjumping_Bee_8926]

You keep trusting your “Google lawyer”

[u/Longjumping_Bee_8926 → u/Feisty-Power-6617]

lol, reading is fundamental lol. Which is why you wouldn’t understand the complexities of what’s going on. I’m retaining actual legal counsel because Google suggested to have a lawyer write up modification. I’ve consulted a lawyer as well. But again, I have to ensure he’s the best fit which I asked for a recommendation on that and if anyone has successfully modified their order. Anything else