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Can a New Jersey Employer Lawfully Ask About Your Criminal Record?
Individuals looking for employment in New Jersey are often concerned about whether and when potential employers can use inquire into their criminal record during the application process. While New Jersey’s Opportunity to Compete (or “Ban the Box”) law prohibits employers from inquiring into an applicant’s background during the initial stages of the application process, nothing – besides an expungement – will prevent an employer from inquiring into your criminal background.
Apr 272 min read
Early Pathway Expungement Granted in Bergen County
Wolf Law successfully represented a client in obtaining an early pathway expungement in Bergen County, New Jersey. The client was convicted of third-degree possession of CDS with intent to distribute in the Bergen County Superior Court in 2006. At the time of the offense, the client was only 20 years of age.
Apr 273 min read
Expungement of Conviction for Third-Degree Possession of C.D.S. with Intent to Distribute Granted in Mercer County
The New Jersey expungement lawyers at Wolf Law just recently represented another client in Mercer County on another successful “public interest” expungement of his conviction for third degree possession of CDS with intent to distribute. In the past, convictions for possession of CDS with intent to distribute were ineligible for expungement. In 2010, however, the law changed.
Apr 272 min read
How to Respond to a Notice of Proposed Suspension from the MVC
If you have received a Notice of Proposed Suspension from the New Jersey Motor Vehicle Commission (“MVC”) it is imperative that you act immediately in order to prevent your driver’s license from being suspended. All Notices of Proposed Suspension will contain the following information: (1) a notice that the MVC intend to suspend you driving privileges; (2) the reason for the proposed suspension; and (3) the effective date of the proposed suspension.
Apr 274 min read
Successful Outcome for Client Charged with Fourth Cell Phone Ticket in New Jersey
Wolf Law represented a client that was being charged with their fourth cell phone violation in New Jersey. As a fourth offense, pursuant...
Apr 272 min read
Out of State DWI Convictions May Count Towards Priors
in State v. Luzhak, the New Jersey Appellate Division construed N.J.S.A. 2C:40-26, fourth degree operating a motor vehicle during a license suspension stemming from DWI, to apply to DWI convictions from anywhere in the United States. In that case, the defendant, who had two prior DWI convictions, one from 2013 in Maryland and the other from 2010 in New Jersey, was issued a motor vehicle summons in Woodbridge for driving with a suspended license in violation of N.J.S.A. 39:3-4
Apr 272 min read
New Jersey Bail Reform
On January 1, 2017, substantial changes to the processing of criminal cases in New Jersey will go into effect. Although the changes made under New Jersey’s criminal law reform will affect almost all aspects of a New Jersey criminal case, the focus in particular will be on the following two areas of criminal law in New Jersey: (1) pretrial release and bail; and (2) the right to a speedy trial.
Apr 273 min read
Restraining Orders for Out of State Defendants
Often times, victims of domestic violence flee their home state in order to escape the violence of their alleged perpetrators. In these instances, the State of New Jersey does protect victims of domestic violence who come to New Jersey looking for refuge from their alleged abusers.
Apr 273 min read
DWI vs DUI in New Jersey
The DWI attorneys at Wolf Law have been representing defendants charged with DWI/DUI for over more than 50 years. We know not only the law, but also how the system works, and we use our knowledge and experience to help protect your rights and fight for you to achieve the best possible outcome.
Apr 273 min read
New Jersey Restraining Orders: Proving Intent to Harass
If you are the defendant in a restraining order case who is being charged with harassment, it is vital that you contact an experienced New Jersey restraining order attorney to discuss your case. The criminal charge of harassment is quite broad and nature and, as a result, is often alleged by the plaintiffs in restraining order contexts.
Apr 273 min read
Name Change for Client on Work Visa – DMV / SAVE
Client from India who is Legal Resident on work visa cannot renew NJ Driver’s License because the name on the Federal SAVE (Systematic Alien Verification for Entitlements Program Database System) and the Department of Motor Vehicles do not match.
Apr 272 min read
Removal From Sex Offenders List – Additional Offenses
A very competent and thorough NY attorney recently approached us with an interesting question. He had a client on the N.J. Registry and on the NY Registry for Megan Law Sex Offenses. He wanted to apply in NY to have his risk level reduced from 2 down to 1 however, thought it would be helpful to have him first removed from the NJ Registry as more then 15 years had passed.
Apr 272 min read
Developments in Expungement Laws re: Drug Court
Several years ago, New Jersey instituted a program known as Drug Court. The rules governing this program are now defined in one of the New Jersey laws, N.J.S.A. 2C:35-14. Through this program, persons who commit certain types of crimes as a result of drug or alcohol addiction are allowed to participate in an approach that focuses not on punishments such as prison/jail time but instead focuses on helping them recover from addiction and lead productive lives.
Apr 275 min read
Law Firm Obtains Expungement for Indictable Offense
The 2016 Amendments to the Expungement Statutes created an interesting issue that is just now being addressed. Prior to 2016, if an expungement was granted for an Indictable Criminal Offense (a felony), no other convictions of any type could be expunged. The 2016 Amendments permitted the Expungement of the Indictable Offense and up to two Disorderly Persons of Petty Disorderly Persons Offenses.
Apr 274 min read
Pre-Trial Intervention will no longer bar Expungement of Disorderly Persons Offenses
Major changes are coming to New Jersey Expungement procedures when the new Expungement Law Amendments become effective on October 1, 2018. Individuals who have completed Pre-Trial Intervention (PTI) will finally have the chance to expunge their entire criminal records.
Apr 271 min read
PTI will no longer bar Expungement of Conviction for Indictable Crime in New Jersey
The new Expungement Law Amendments that become effective on October 1, 2018 will benefit clients who thought they would never be able to expunge their criminal convictions. People who have completed Pre-Trial Intervention (PTI) will finally have the chance to expunge their entire criminal records.
Apr 271 min read
Expunging Disorderly Persons Offenses in NJ
On October 1, 2018, the law concerning this statue will change to make more Petitioner’s eligible to have their records expunged. This section of the new Expungement Statute deals only with persons who have never had a conviction for a crime, which in New Jersey is an indictable (felony) offense. If you have had an indictable conviction, you are not eligible under this section, but you may be eligible under 2C:52-2.
Apr 273 min read
2C:52-5: Expungement of Records of Young Drug Offenders
This provision of the Expungement Statute was adopted in 1979 in order to permit young drug offenders to have their records expunged without waiting the full time period (then 10 years) required for older adults.
Apr 272 min read
NJ May Soon Eliminate DMV Surcharges, Institute Restricted Licenses
As attorneys handling DWI and other Motor Vehicle matters, the most common question we get is whether New Jersey has any kind of work license or restricted license program for people who have their license suspended by a Court for such matters as DWIs or by the Division of Motor Vehicles for getting too many points or for driving during a suspension period.
Apr 272 min read
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