As is the case across the US, New Jersey takes protecting domestic violence victims seriously. If you are convicted of domestic violence, or if you face an uncertain future due to a final restraining order issued against you, NJ's laws can prevent you from moving forward with your career – and your academic goals.
One such potential obstacle in your journey to fulfilling your college dream is the statewide Domestic Violence Central Registry. In certain circumstances, registration could be detrimental to successfully completing your college application, but the good news is that this is often not the case. Contact the Lento Law Firm Criminal Defense Team online now or call us at 888.535.3686 for prompt assistance regarding your unique situation, but in the meantime, let us consider what impact the Registry may have on your college admission journey.
What Is the DV Central Registry?
The NJ Domestic Violence Central Registry is a statewide database that includes details of anyone in the state with a domestic violence conviction and/or a final restraining order issued against them. The goals of the Registry are to help protect victims of domestic violence and to assist law enforcement in getting relevant, accurate information on restraining orders.
Is the Domestic Violence Central Registry Publicly Accessible?
Unlike sex offender registration, the DV Central Registry is designed solely for courts and law enforcement to access. It is not a publicly searchable register. This means that, unless someone has the legal authority, under NJ law, to access information in the register, they should not know that someone is listed in the database unless that person chooses to disclose this information.
Can Colleges Access the DV Central Registry in New Jersey?
No. The New Jersey Statutes are very clear about who has legitimate access to the DV Central Registry. College admissions teams cannot seek access to the DV Central Registry; this would not be part of any typical admissions process.
If you have reason to believe that college staff has obtained access to, or information from, the DV Central Registry in NJ, then contact us urgently for advice.
Must I Notify a College if I Am Listed in the DV Central Registry?
Since a DV Central Registry listing is not indicative of a crime, and colleges do not have a legal right to search the Registry in any case, you are under no obligation to reveal this record to a college admissions team.
A listing on the state sex offender registry, on the other hand, is entirely different. You will be required to disclose a sex offender registry listing. Failure to do so could result in expulsion even if you are initially accepted into the program.
Should I Tell a College About a Restraining Order?
As with the Domestic Violence Central Registry, there's normally no reason to alert colleges to restraining orders. This is because colleges won't typically discover a restraining order, even if they happen to perform a background check. This is because restraining orders in NJ are civil rather than criminal.
However, if you are applying for a degree in a field such as medicine, restraining orders could be more detrimental to your long-term career progression, so the question of whether to disclose the order is more complex. The Lento Law Firm Team should be consulted promptly if you require advice on this matter.
Can a College Refuse Admission if I Have a Criminal Record?
Yes. Colleges have the discretion to refuse admission to any student unless they are discriminating on the grounds of a protected characteristic, e.g., gender. This means that a college can reject your application if you have a domestic violence conviction. That's why it's imperative that you seek experienced legal counsel the moment you stand accused of a domestic violence charge, to improve your chances of having the charges dismissed.
What if I Don't Tell a College About a Criminal Conviction?
Convictions are not the same as civil restraining orders. Concealing a criminal conviction from a prospective college is not advised. Remember, colleges often require students to disclose if they are convicted of a crime. This will include any domestic violence convictions. If you do not disclose the conviction when asked to do so, this may be considered misconduct or at least an act of dishonesty.
You could be automatically suspended or even expelled for failing to disclose a criminal conviction, even if your application is successful. This is especially likely in programs such as medicine, where you will be held to high standards of honesty and integrity. So, even if your DV Central Registry listing is concealed, you may have no choice but to disclose what led to you being listed in the Registry.
What if I Was Arrested for Domestic Violence but Not Convicted?
Merely being arrested for domestic violence allegations could, in some circumstances, affect the college application process. This is because any arrest – even if there's ultimately no conviction – generates a paper trail or records of potential wrongdoing. These records may give a college admission team cause for concern, depending on the nature of the alleged incident and the type of degree you plan on pursuing.
It may be possible to have the records relating to your arrest removed or “expunged” so that they no longer impact your life. Expungement is a formal legal process – don't hesitate to contact the Lento Law Firm to discuss your options.
What if the Other Party Attends the College I Am Applying to?
Aside from DV Central Registry matters, you could face challenges applying to a certain college if the alleged victim also attends there. Ultimately, this will depend on the terms of any restraining order against you. In all cases, you must tread carefully to avoid any allegations of violating the restraining order. Otherwise, you could face significant criminal penalties, including jail time.
Our attorneys can advise how a temporary or final restraining order could impact your college application and how you might proceed.
What Are My Legal Options for Handling Domestic Violence Matters?
DV Central Registry listings are not typically detrimental to a college application. However, depending on the nature of the accusations against you, and whether you are convicted of domestic violence, you may wish to consider the following legal avenues prior to making your application.
Appealing a Restraining Order
Although you cannot appeal a temporary restraining order, you have the right to appeal a final restraining order. However, demonstrating that you have legal grounds to appeal a restraining order is not easy – it is not simply about asking the court to reconsider a judge's decision. We can explain what options you have for appealing a restraining order and ensure you meet any relevant court deadlines when you retain our services.
Vacating a Restraining Order
Restraining orders can, technically, last forever. However, you may be able to ask the court to revoke, or vacate, the order, if you can show that it is unnecessary to protect the alleged domestic violence victim.
Remember that even if the alleged victim contacts you seeking a reconciliation, you should not respond until the court revokes the order. Otherwise, you could be accused of violating the restraining order, which is a criminal offense – and an offense that could further complicate your college application.
Appealing Domestic Violence Convictions
Just as you have the right to seek an expungement of certain criminal records, you have the right to appeal criminal convictions in New Jersey. However, appealing a criminal conviction is no easy feat. You must have legal grounds to appeal the decision, e.g., that the judge failed to apply the law correctly or to fully consider the evidence in your favor.
The Lento Law Firm Criminal Defense Team will evaluate the situation, explain what options you have for appealing a conviction, and help you take the necessary steps to initiate a criminal appeal.
Appealing a conviction could be a significant step towards a successful college application. However, it's always best to do everything possible to have the case dismissed in the first instance, which is why we should be retained at the earliest opportunity to help you construct the best possible defense.
College Application Negotiations
Should you be required to disclose a criminal conviction or should domestic violence investigations interfere with your college application, it may be possible to discuss matters with your college before completing the application process. The admissions team may look more favorably upon your application if you are fully transparent, explain the situation, and demonstrate how much pursuing a college degree means to you. The Lento Law Firm Team has significant experience in conducting such negotiations with school boards around the country. We can help you present an eloquent and compelling case to a school board, which may include informal discussions, written statements, and supplying evidence in your favor.
Do I Need an Attorney to Handle DV Central Registry Issues?
Technically, you are under no obligation to retain a lawyer to assist with Domestic Violence Central Registry matters. However, given what's at stake, here is why you should strongly consider retaining legal counsel as soon as possible.
- Should you call us soon enough, the Lento Law Firm Criminal Defense Team will promptly challenge any restraining order request to minimize the chances of your name appearing in the DV Central Registry at all.
- Although the DV Central Registry is strictly off-limits to the public, there's always the risk that unauthorized personnel obtain access to your records. An attorney can immediately step in to protect your legal rights and advise on the appropriate action to take moving forward.
- College admissions teams have their own legal counsel and advisors. Should they reject your application based on a background check or a criminal conviction, you're at a disadvantage if you don't have your own counsel to challenge the rejection.
- Colleges often require prospective students to declare criminal convictions. In such cases, we can liaise with the Board to help explain why the conviction should not deter them from accepting you. We can help to present a compelling case in your favor.
- Even if a DV Central Registry listing does not impact you directly, the allegations that led to your name appearing in the Registry could. For example, you may be unable to attend a certain college if the alleged victim also goes there. A lawyer will ensure that you are afforded due process and treated fairly regardless of the allegations and that you can make informed choices regarding your academic future.
How the Lento Law Firm Can Help
If you're trying to move forward from a domestic violence charge or conviction, then you require effective legal representation. That's where the Lento Law Firm Team can help.
With attorneys working across the US, the Lento Law Firm provides comprehensive legal support you can count on. When you retain our domestic violence attorneys, you can expect the following:
- Provide a clear explanation of your legal rights, whether you've just been arrested before completing your college application or you're hoping to apply to college following a DV Central Registry listing.
- Advice on the legal options available to you for moving forward with your application and support to help you make an informed decision.
- Effective representation during every stage of the legal process, including throughout any appeal procedure, and expunging criminal records prior to making a college application.
- Support throughout any negotiations with school boards regarding your application, including failed application appeals procedures.
Don't let a domestic violence issue derail your entire future. Instead, contact the Lento Law Firm to discover what options you have for applying to college following a DV Central Registry listing and how we can help you pursue your academic goals.
Premier Domestic Violence Attorneys in New Jersey
No matter what has happened in the past, you deserve a chance to reach your full potential. You deserve a chance to complete your college education and pursue the career you dream of. And the Lento Law Firm Criminal Defense Team wants to help you realize your ambitions.
When you hire the Lento Law Firm, you're hiring experienced attorneys who understand the nuances of both criminal procedural matters and potential college application issues. Given our knowledge of these complex areas and how they are related, you can trust that we will do everything we can to secure you the most favorable possible outcome.
Whether you're seeking expungement, appealing a domestic violence conviction, or you're concerned about how a charge may impact your college application, retain the Lento Law Firm now. Our Criminal Defense Team can be contacted at 888.535.3686 or by completing our contact form.
