Forfeiture of Public Office
New Jersey Statutes Annotated 2C:51-2: Forfeiture of Public Office
Forfeiture of Public Office
A person holding any public office, position, or employment, whether elected or appointed, under the New Jersey government, a New Jersey agency, or a county or municipality of New Jersey, must forfeit the office or position if he is convicted:
Under the laws of this State of:
An offense involving dishonesty; or
- A crime of the third degree or above; or
- Under the laws of another state or the United States of an offense or a crime which would be such an offense or crime in New Jersey; or
- Of an offense involving or touching the office, position or employment; or
- The Constitution or a statute other than the Criminal Code provides for forfeiture.
A court of this State must enter an order of forfeiture:
- Immediately upon a finding of guilt or a plea of guilty entered in any court of this State;
- Unless the court, for good cause shown, orders a stay of the forfeiture pending a hearing on the merits at the time of sentencing; or
- Upon application of the county prosecutor or the Attorney General, when the forfeiture is based upon a conviction of an offense under the laws of another state or of the United States.
Disqualification from holding public office
Anyone convicted of an offense involving or touching on his public office, position or employment shall be forever disqualified from holding any office or position of honor, trust or profit under this State or any of its administrative or political subdivisions.
Waiver for disorderly persons offenses
For good cause, the county prosecutor or the Attorney General may ask the court to waive forfeiture or disqualification based upon a conviction of a disorderly persons or petty disorderly persons offense.
Business with the state
Any person convicted of certain offenses involving bribery, obstruction of justice, or official misconduct shall be ineligible, either directly or indirectly, to:
- Submit a bid;
- Enter into any contract; or
- Conduct any business;
With any board, agency, authority, department, commission, public corporation, or other body of this State, of this or one or more other states, or of one or more political subdivisions of this State.
This ineligibility will last:
- 10 years from the date of conviction for a crime of the second degree; or
- Five years from the date of conviction for a crime of the third degree.
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