| Protect Your Future Through Expungements Every year thousands of people are arrested and charged with crimes. Some of those individuals will end up with a criminal record and others will not. However, all of those individuals will more than likely, at some point, be eligible to have those records removed from the public files. Most great employment opportunities require a prospective employee submit to a background check to ensure that the person does not have a criminal history. Many people only then learn that there is something negative contained in their background. Many people do not know that under the laws of New Jersey their criminal records can be expunged and cleared. The law allows individuals to file a petition for expungement to remove any derogatory information from a persons record including: complaints, warrants, arrests, rap sheets, photographs and fingerprints. For municipal court convictions a person must wait five years to file an expungement petition. For superior court convictions a person must wait ten years. Arrests and complaints that were dismissed or frivolous can be expunged immediately. The law in this area is not simple because there are different time frames for different offenses and there are other conditions that may also be required for a person to be eligible for an expungement. Individuals should contact an attorney to discuss the particulars of their case to determine their eligibility. Moreover, the use of the expugement process can assist persons with clearing up their record so that it is not a hindrance to better employment or other significant opportunities in their lives. Article by Montell Figgins who practices criminal law in Newark, NJ. He can be reached at 973-242-2425. |
| Handling DWI Cases in New Jersey & New York Each year, New Jersey and New York motorists face the difficult prospect of a Driving While under the Influence (“DWI”) conviction without the information necessary to make an informed decision about their case. To avoid the initial arrest or a future conviction, all New Jersey and New York motorists ought to familiarize themselves with the Motor Vehicle and Traffic Regulations of their respective states. New Jersey bases its DWI fines and penalties on specific offense levels. Under New Jersey law, a first-time DWI offender with a Blood Alcohol Concentration (“BAC”) of 0.08% or higher, but less than 0.10%, is subject to fines between $250-$400 and a maximum of two days imprisonment. The court also has the discretion to imprison the first-time offender for up to 30 days and issue a three month driver’s license suspension. First-time offenders with BAC’s above the 0.10%, or who are found with certain drugs in their system, are subject to greater penalties- including a full year without a driver’s license. A second DWI offense includes fines from $500-$1000, 30 days community service and a minimum two-day incarceration period. More importantly, a second DWI conviction automatically means two years without a driver’s license. Subsequent DWI offenses result in $1000 fines, up to 90 days of community service, mandatory three month imprisonment, and a ten year driver’s license revocation. Lastly, anyone refusing to take a Breathalyzer test places themselves at risk of receiving the same penalties imposed by the DWI convictions previously mentioned. Regardless of the offense level, all New Jersey motorists convicted of DWI must participate in the state’s Intoxicated Driving Resource Center (“IDRC”) program. The program evaluates each person’s need for additional alcohol treatment and provides mandatory Alcohol and Highway Safety Education courses. Each offense level carries a twelve hour minimum IDRC commitment. The time increases if additional treatment is necessary. New York State utilizes a similar statutory scheme to criminalize DWI. Under New York law, a per se DWI violation occurs when a person has a BAC at or above 0.8%; a first violation carries mandatory fines ranging from a $500-$1000 a maximum one year of imprisonment, and a driver’s license revocation of at least six months. Penalties for second and third offenses are harsher with a third DWI conviction, obtained in a ten-year window of the first DWI conviction, carrying fines ranging from $2000-$10,000, a maximum seven year imprisonment term, and a potential permanent license revocation. Both New Jersey and New York motorists face stiff penalties for driving under the influence of alcohol. Effective legal representation is crucial in DWI cases because there are numerous complexities in the law. Article by Montell Figgins who practices criminal law in Newark, NJ. He can be reached at 973-242-2425. |