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2017 Changes to the Expungement Statute

04 Jan 2018

On December 20, 2017 Governor Christie signed into effect the following bills to further help people with Criminal Convictions. These two new bills will have a tremendous impact on the N.J.S.A. 2C:52 expungement statue.

Senate Bill 3307: Shortens Expungement Waiting time for Adult Convictions

Under the current expungement statue, N.J.S.A. 2C:52-2, a petitioner may apply for an expungement 10 year from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

Change: In the bill Governor Christie signed a petitioner may apply for an expungement 6 year from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

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Municipal Ordinance Expungement FAQ’s

29 Oct 2017

What is a Local/Municipal Ordinance?

A municipal ordinance is a non criminal conviction under a local code and is not a criminal conviction under the New Jersey State 2C criminal code. However, it does show up on an official criminal background check. In addition, if an indictable offense or disorderly persons offense was reduced to a municipal ordinance, the original charges will remain on the person’s criminal history until the municipal ordinance is expunged.

When Can I Expunge a Local/ Municipal Ordinance?

Under the new criminal Justice Statue Section 2C:52-4, A local/ municipal ordinance is eligible for an expungement 2 years from the date of conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later. (more…)

New Developments in Expungement Laws re: Drug Court

12 Sep 2017

RECENT DEVELOPMENTS IN EXPUNGEMENT LAW REGARDING DRUG COURT MATTERS AND OTHER DRUG OFFENSES

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. The offenses eligible for Drug Court program include not just basic drug offenses such as possession and distribution, but also crimes that persons often commit due to addition, such as theft of money to buy drugs or alcohol. (more…)

Removal From Sex Offenders List – Additional Offenses

30 May 2017

DOES COMMISSION OF ANY OFFENSE BAR REMOVAL FROM MEGAN’S LAW SEX OFFENDER REGISTRATION UNDER 2C:7-2(f) AFTER 15 YEARS OR DOES THIS ONLY APPLY TO COMMISSION OF ADDITIONAL SEX 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. However, the client had became homeless for a short period of time and failed to register and was convicted in 2011 in NY for failure to register. The issue was whether the term “offense” in 2C:7-2(f) mean another “sex offense” or any “offense.” (more…)

MOTOR VEHICLE SUSPENSIONS FOR VIOLATIONS COMMITTED DURING PROBATION PERIOD

20 May 2017

The New Jersey Division of Motor Vehicles schedules the suspension of drivers who commit motor vehicle offenses while they are on probation. The authority for doing so comes from N.J.S.A. 39:5-30 and 39:5-30.10. Drivers whose licenses are restored after a suspension under N.J.A.C. 13:19-10.2, who are officially warned after an administrative hearing, and persons who successfully complete a Commission Driver Improvement Program or Probationary Driver are subject to suspension if within one year they commit any motor vehicle violations. (more…)

NJ Driver Unaware He Was Driving Without Insurance

15 May 2017

DRIVING WITHOUT INSURANCE UNDER 39:6B-2 WHEN DRIVER OF CAR IS NOT THE OWNER AND DOES NOT KNOW THE CAR IS UNINSURED, PROPER REQUIREMENTS TO CANCEL AUTO INSURANCE POLICY IN NEW JERSEY, AND DEFENDING CHARGE OF 39:3-40 DRIVING WITH SUSPENDED REGISTRATION

We recently appeared in the Colts Neck Municipal Court representing a young man charged with driving without insurance under 39:6B-2 and driving a car with a suspended registration under 39:3-40. These are both serious violations. The uninsured ticket carries with it a fine of between $300 and $1000, community service, and a one year license suspension. The driving with a suspended registration carries with it a fine of $500 and a 6 month suspension of license.
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Name Change for Client on Work Visa – DMV / SAVE

13 Mar 2017

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.

Our firm was recently hired to help a citizen of India here on a work visa renew his NJ Driver’s License.  The problem arose because the federal Systematic Alien Verification for Entitlements Program Database System (SAVE) has a programming error.  Due to the way the name appears on a passport from India, the SAVE database merges the person’s first and middle name into a single first name. The SAVE database is a component of the Department of Homeland Security that was created “as a fast, secure and efficient verification service for federal, state and local benefit-granting agencies to verify a benefit applicant’s immigration status or naturalized/derived citizenship.” (more…)

Restraining Orders: Proving Intent to Harass

13 Dec 2016

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.

New Jersey case law, however, requires that the defendant have acted with an actual intent to harass in this context. Many times, the defendant’s alleged harassing conduct was not done with an actual intent to harass the plaintiff, but instead was done for some other reason. As such, the plaintiff’s failure to prove that the defendant acted with an intent to harass can be a winning defense in many of these cases. (more…)

DWI vs DUI in New Jersey

08 Dec 2016

New Jersey DWI/DUI FAQs

The DWI attorneys at theWolf Law have been representing defendants charged with DWI/DUI for over more than 25 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.

The following are some of the most commonly asked DWI questions.  (more…)

Restraining Orders for Out of State Defendants

26 Nov 2016

NJ Restraining Orders: Do New Jersey Courts Have Personal Jurisdiction Over an Out-of-State Defendant? 

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.  In this regard, New Jersey’sPrevention of Domestic Violence Act, N.J.S.A. § 2C:25-17 to -35, permits fleeing victims of domestic violence to file for a protective order in a place where the plaintiff resides or is sheltered at the time of the filing.  See N.J.S.A. § 2C:25-28 (“[A] plaintiff may apply for relief under this section in a court having jurisdiction over the place where the alleged act of domestic violence occurred, where the defendant resides, or where the plaintiff resides or is sheltered.”)  (more…)

New Jersey Bail Reform

16 Nov 2016

New Jersey Bail Reform – Major Changes Effective January 1, 2017

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. (more…)

Out of State DWI Convictions May Count Towards Priors

04 Oct 2016

Out of State DWI Convictions May Count Towards Priors When Charged with Violating N.J.S.A.2C:10-26 (Fourth Degree Operating a Motor Vehicle During a DWI Suspension)

Just recently, 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. 39:3-40. (more…)

NJ Police Sgt. Suspended – 20,000 DWI’s May be Eligible to be Re-Opened

20 Sep 2016

On September 19, 2016, it was released that State Police Sgt. Marc Dennis, a former coordinator in the State Police’s Alcohol Drug Testing Unit (“ADTU”), has been suspended pending an investigation into his calibration of Alcotest instruments. Sgt. Dennis was responsible for the calibration of Alcotest 7110 MKIII-C units in Middlesex, Monmouth, Ocean, Somerset, and Union Counties.

Specifically, the State is alleging that Sgt. Dennis failed to use the proper thermometer to test the simulator solutions prior to starting the calibration of the Alcotest 7110 MKIII-C units. This step is necessary under the Supreme Court’s decision in which set forth the necessary steps the State Police must undertake to properly calibrate the Alcotest instrument. (more…)

Early Expungement of Disorderly Persons Theft Conviction Granted

19 Jul 2016
In April of 2016, the expungement statute was broadened to provide for the “early pathway” expungement of disorderly persons (or misdemeanor) convictions in New Jersey.  While an early pathway expungement had previously been available for felony convictions prior to April of 2016 (making applicants eligible for expungement of their felony convictions five years after completion of their sentence, as opposed to the standard ten year waiting period), a similar provision was not available with respect to the early expungement of disorderly persons convictions.
Under the new expungement law, however, pursuant to N.J.S.A. 2C:52-3(b)(2), an early pathway expungement for disorderly persons convictions is now available.  Although the standard waiting period to expunge a disorderly persons conviction remains five years, you can now apply under the new law for expungement of a disorderly persons or petty disorderly persons offense after only three years –  so long as certain conditions are met.

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How to Respond to a Notice of Proposed Suspension from the MVC

27 May 2016

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.
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Expungement of Conviction for Third-Degree Possession of C.D.S. with Intent to Distribute Granted in Mercer County

01 May 2016

The New Jersey expungement lawyers at theWolf 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.   If the conviction was of the third or fourth degree, the record eligible for expungement so long as you prove that expungement is consistent with the “public interest.” (more…)

Early Pathway Expungement Granted in Bergen County

25 Apr 2016

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.  Since then, the client had married, had two children, and had been working as a pool technician.  He explained, however, that his felony conviction was holding him back as he would like to advance in his career in order to better provide for his family. (more…)

Can a New Jersey Employer Lawfully Ask About Your Criminal Record?

22 Apr 2016
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 after an initial interview.

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Early Termination of Probation in New Jersey

08 Apr 2016

Clients often ask whether it is possible to be released early from probation. New Jersey law does give judges the authority to release defendants from probation early. Pursuant to N.J.S.A. 2C:45-2, the court, on application of a probation officer or of the defendant, or on its own motion may discharge a defendant from probation at any time.
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Early Expungement Granted for Client Convicted of Unlawful Possession of a Weapon in New Jersey

05 Apr 2016

Just recently, the expungement attorneys at theWolf Law represented a client in successfully obtaining an “early pathway” conviction of her felony conviction for unlawful possession of a weapon in Ocean County, New Jersey. The client was arrested in 2006 at the age of 20 and charged with being in violation of N.J.S.A. 2C:12-3B, terroristic threats; N.J.S.A. 2C:39-5D, unlawful possession of weapon; and N.J.S.A. 2C:39-4D, weapon possession unlawful purpose. She appeared in the Ocean County Superior Court in 2007, where she plead guilty to N.J.S.A. 2C:39-5D (weapon possession unlawful purpose) and was sentenced to a one-year term of probation, which the client completed in November of 2008.
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Early Expungements for N.J.S.A. 2C:52-3

16 Mar 2016

Early Pathway Expungements for Disorderly Persons or Petty Disorderly Persons Convictions Under N.J.S.A. 2C:52-3

You must generally wait 5 years to expunge a conviction for a disorderly persons offense (or misdemeanor) or a petty disorderly persons offense. Effective April 18, 2016, however, the expungement statute was amended to provide for an “early pathway” disorderly persons expungement.  Pursuant to N.J.S.A. 2C:52-3, you can apply for expungement of a disorderly persons or petty disorderly persons offense after only 3 years –  so long as certain conditions are met.  The “early pathway” expungement is complex and requires compliance with many conditions as well as a court appearance.  As such, it is best to consult with an attorney if you are seeking an early expungement.

Ordinarily, a person convicted of a disorderly persons or petty disorderly persons offense in New Jersey must wait 5 years from the date of their conviction, payment of fine, or satisfactory completion of probation, whichever is later, in order to seek an expungement. Under the new law, however, the expungement statute was amended to allow certain convicted persons to have their records expunged after a period of only 3 years had elapsed.

In order to be eligible for a so-called “early expungement,” the individual must establish that granting such an expungement would be in the public interest. In determining whether or not an early expungement would be in the public interest, courts can consider numerous factors, including: the circumstances surrounding the offense, the applicant’s character and conduct before and/or after conviction, evidence that the conviction has impeded efforts to resume a law-abiding life, the nature of the offense, whether the applicant has engaged in activities that would limit the risk of re-offending (such as whether the applicant has received job education and training and maintained family and community ties that promote law-abiding behavior), the number of years that has passed since the conviction, and the applicant’s performance while incarcerated or while on probation.

Wolf Law has helped many individuals apply for and receive an early expungement under the 2010 amendments to the expungement statute, which provided for early expungements of felony convictions after only 5 years (normal waiting time is 10 years).  When applying for early expungements, our firms will focus on the positive factors that weigh in favor of an early expungement in your case.  Some of those factors might include your age at the time of the offense, the nature of the offense, your job education and training since your conviction, your educational background, your criminal history in general, and whether the conviction has prevented you from doing something you would otherwise be able to do, such as getting a job, progressing in your career, coaching, or renting an apartment.

If you or someone you know would like to apply for an early expungement, contact the attorneys at theWolf Law today for a free consultation.  Our attorneys will first determine whether or not you are eligible for an early expungement. If so, we will then prepare a brief on your behalf, focusing on how an early expungement in your specific case would be in the public interest.  Contact us today at (732) 741-4448.

New Law for Drug Court Expungements

11 Mar 2016

New Law Allows for the Expungement of All Criminal Records For Individuals Who Successfully Completed Drug Court

Several counties in New Jersey have implemented a Drug Court program. In  Drug Court, the State and criminal defense attorneys work together to help non-violent drug offenders, who are often addicts, by rehabilitating them, as opposed to incarcerating them or imposing other harsh sentences. The theory is that, without appropriate treatment, these individuals are bound to come into contact with the criminal justice system again.  Thus, rather than incarcerating this individuals, which does little to rehabilitate them (and often, in fact, results in making their drug addiction worse), the Drug Court program seeks to attack the problem at its source by offering counseling and drug and alcohol rehabilitation services to these individuals, in lieu of incarceration, in the hopes that these individuals will recover and not have any further contact with the criminal justice system.

New Jersey’s law governing drug court is codified at N.J.S.A. 2C:35-14. Drug Court usually requires the offender to be: (1) employed; and (2) under an intense period of supervised probation, which requires random drug testing and court appearances.  The court can also impose any counseling or drug rehabilitation programs deemed beneficial.

Often times, individuals enrolling in New Jersey’s Drug Court program have extensive criminal backgrounds that were, for the most part, due to their drug or alcohol addictions. These convictions could include not only drug convictions, but also convictions for other offenses such as theft, robbery, assault, burglary, etc.  Prior to April of 2016, however, most drug court graduates were barred from being eligible to expunge their criminal records after completion of the drug court program, due to the nature of New Jersey’s expungement law, which places limits of the amount and type of offenses that are eligible for expungement.

As of April 18, 2016, however, expungement law in New Jersey changed drastically for those individuals who have successfully completed Drug Court.  According to N.J.S.A. 2C:35-14(m), those individuals who successfully complete drug court are eligible for expungement of all prior arrests, detentions, convictions, and/or proceedings for any criminal offense under Title 2C.  To be eligible for this broad expungement relief, the individual must meet the following three requirements:

1.They must have satisfactorily completed Drug Court;

2.They must not have been convicted of any crimes, disorderly person, or petty disorderly persons offenses during their term of Drug Court; and

3.They must not have been convicted of an offense that is barred from expungement pursuant to N.J.S.A. 2C:52-2(b) (many of which are violent crimes).

The procedure for applying for a Drug Court expungement pursuant to this section will vary depending on whether you completed Drug Court before or after the law’s effective date of April 18, 2016.  For those who successfully complete Drug Court after that date, the expungement process is somewhat automatic.  After being discharged from Drug Court, the court will provide you with a copy of a Drug Court expungement order, which you must promptly distribute to the appropriate agencies who have control and custody of the records specified in the order.

If you have completed drug court and been granted an expungement pursuant to this section, then it is imperative that you stay out of trouble. This is because if you are subsequently convicted of a crime (or felony) following discharge, then the full record of arrests and convictions may be restored to public access and you will be forever barred from obtaining an expungement in the future.

For those individuals who graduated from Drug Court prior to April 18, 2016, you may apply for relief pursuant to this section by filing an expungement petition in the Superior Court in the county where you completed drug court.  So long as you meet the requirements listed above, and you have not been convicted of any crime (felony) or other offense since the date of discharge from Drug Court, then you are likewise eligible for expungement of all prior arrests, detentions, convictions, and/or proceedings for any criminal offense under Title 2C pursuant to this section.

If you successfully graduated from Drug Court in New Jersey and have questions regarding the consequences that this new law has on your criminal history, contact the attorneys at theWolf Law today for a free consultation at (732) 741-4448.

Pharmaceutical Sales Representatives: How to Clean Your New Jersey Driving Record

09 Feb 2016

As a Pharmaceutical Sales Representative, you know just how important it isto have a clean driving record, but you also know how difficult it is to keep it that way.   Your position probably requires you to spend a significant amount of time in your car, or – as some Pharmaceutical Sales Representatives have described it – your “mobile office.” With the increased time spent driving, the likelihood of obtaining motor vehicle infractions is also increased, however.  Even if you consider yourself safe driver, sometimes motor vehicle infractions are inevitable, especially when you spend hours on the road on a daily basis.

For Pharmaceutical Sales Representatives, however, having any violations of your record – even those non-moving violations which carry zero points under New Jersey law – can pose significant problems with your employment.  Pharmaceutical companies have strict policies in place when it comes to the Motor Vehicle Records (“MVRs”) of their employees – and for good reason.  Insurance rates for at-risk drivers are higher.
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New Expungement Laws in New Jersey

04 Feb 2016

New Expungement Laws in New Jersey Effective on April 18, 2016, Reduce Waiting Time and More

On January 19, 2016, Governor Chris Christie signed into law Bill A-206, which contains significant amendments to law governing expungements in New Jersey.  These changes will take effect starting April 18, 2016.  The brief overview below highlights some of the more important changes made to New Jersey expungement law, N.J.S.A. 2C:52-2, et. seq.
It is important to be mindful that the Internet is full of websites and blogs that unfortunately contain conflicting and inaccurate information about the new expungement law in New Jersey.  Do not be mislead by those by other attorneys and/or authors of the articles containing inaccurate information. The attorneys at theWolf Law have an accurate understanding of the new law, the full text of which can be read here.
1. Simultaneous Expungment of a Criminal Conviction and Up to Two Disorderly Persons Convictions.  Under N.J.S.A. 2C:52-2(a), an individual can now expunge one felony conviction and up to two disorderly or petty disorderly persons offenses.  Under the old law, anyone convicted of a felony could expunge their felony conviction, however, any disorderly persons or petty disorderly persons offenses would remain on their record.  In essence, the felony conviction barred the expungement of any disorderly persons or petty disorderly person offenses.  With the new law, however, so long as it has been at least ten years from the date of the “most recent” conviction, payment of fine, completion of probation or parole, or release from incarceration for the crime and any disorderly persons offenses, which is later, you may petition the court to expunge the felony conviction, as well as up to two disorderly persons or petty disorderly persons convictions.  In addition, you may apply for an “early pathway” expungement five years after the “most recent” conviction, payment of fine, completion of probation or parole, or release from incarceration for the crime and any disorderly persons offenses, which is later, with a “public interest” finding.
2. Early Pathway Expungement for Disorderly Persons Convictions.  With respect to the expungement of disorderly persons offenses, under N.J.S.A. 2C:52-3, if the individual has not been convicted of a prior or subsequent felony, they may apply for an expungement of up to 3 disorderly or petty disorderly persons offenses 5 years after completion of their sentence.  If an individual has been convicted of a prior or subsequent felony, however, they must apply for the expungement of any disorderly persons offenses pursuant to N.J.S.A. 2C:52-2 above, which means they cannot have more than two disorderly persons offenses and at least 5 years (for an early pathway expungement) or 10 years (for a standard expungement) have passed since completion of the sentence for the most recent conviction.  For those individuals who have not been convicted of a prior or subsequent felony, however, the new law also allows for “early pathway”expungement of disorderly persons and petty disorderly persons convictions, so long as the petitioner demonstrates that expungement is in the “public interest” and at least 3 years have passed the date of the “most recent” conviction, payment of fine, completion of probation or parole, or release from incarceration, which is later.
3. Payment of Fines for Disorderly Persons Convictions.  Under N.J.S.A. 2C:52-3(b)(1), if it has been less than 5 years since satisfaction of your fine for the disorderly persons offens(es) you are seeking to expunge pursuant to N.J.S.A. 2C:52-3 above, but the 5 year time requirement for completion of your sentence is otherwise satisfied, the court may nonetheless grant your expungement if you can establish either: (1) that you substantially complied with your fines; or (2) you could not do so due to “compelling circumstances.”
4. Dismissed Cases.   For arrests that resulted in dismissal, pursuant to N.J.S.A. 2C:52-6, the court is now required at the time of acquittal, dismissal, or discharge, upon the application of the individual, to order the automatic expungement of all records relating to the offense.  Automatic expungement will not apply to those charges that were disposed of before the law goes into effect, however.  Thus, a petition for expungement will need to be filed with the court for charges that were dismissed prior to April 18, 2016.  Moreover, any person that did not apply an automatic expungement pursuant to this section at the time of the dismissal, acquittal, or discharge must subsequently file a petition for expungement with the court.
5. Drug Court Expungements.  The new law also amends New Jersey’s law governing Drug Court, which is codified at N.J.S.A. 2C:35-14.  Pursuant to N.J.S.A. 2C:35-14(m), those individuals that successfully complete a special term of probation are eligible for expungement of all records relating to all prior arrests, detentions, convictions, and proceedings for any Title 2C offense.  In order to be eligible under this provision, the person must have satisfactorily completed a substance abuse program and must not have been convicted or any crimes or disorderly persons or petty disorderly persons offenses during their term of special probation. In Addition, the individual, would not be eligible for expungement if he or she was ever convicted for an offense that is barred from expungement pursuant to N.J.S.A. 2C:52-2(b), which bars the expungement of many violent crimes.  Even those individuals who were successfully discharged from a term of special probation prior to the law’s effective date may apply for expungement relief under this section.
If you have any questions about this new law or its impact on your eligibility for expungement, contact the experienced expungement attorneys at theWolf Law today at (732) 741-4448 for a free consultation.

 

Appealing the Denial of a TSA Pre-Check or Global Entry Program Application Due to a Disqualifying Criminal History

16 Jan 2016

According to the Transportation Security Administration (“TSA”) 3 to 5 percent of the roughly 30,000 monthly applicants that apply for the Pre-Check or Global Entry programs are rejected for various reasons. Many times these applicants are rejected due to inaccurate or faulty information that surfaces during criminal background checks. For example, pursuant to TSA’s policies, they do not consider you to have been convicted of an offense, and will therefore not use such an offense against you, if your finding of guilt was overturned on appeal, fully pardoned, or expunged. Nonetheless, the TSA Pre-Check and Global Entry Appeal lawyers at theWolf Law have noticed that some applicants have been wrongfully rejected as a result of convictions that have been overturned on appeal, pardoned, or expunged. (more…)

Alternative to Expungement in New Jersey: Certificates of Rehabilitation (“COR”) Pursuant to N.J.S.A 2A:168A-1

08 Jan 2016

Due to the numerous statutory requirements that exist in order to obtain an expungement in New Jersey, many individuals are unfortunately not eligible to have their record expunged. This can be due to the fact that the have a disqualifying conviction, have to many convictions, or because they have not yet met the time requirement for expungement. If you are not eligible for expungement for any of these reasons, you may still be able to obtain a Certificate of Rehabilitation pursuant to N.J.S.A. 2A:168A-1.

Certificates of Rehabilitation are usually sought by individuals that have been denied a professional license due their criminal history. These professional licenses could include licenses to become a driving instructor, taxi cab driver, pharmacist, nurse, cosmetologist, plumber, physical therapist, physician’s assistant, court reporter, dentist, or an accountant, among others. (more…)

Randolph H. Wolf Teaches Expungement Seminar on Behalf of the Monmouth County Bar Association

17 Dec 2015

On December 4, 2015, Randolph H. Wolf was selected to teach an expungement seminar on behalf of the Monmouth County Bar Association. The seminar was taught to approximately 30-40 other New Jersey lawyers who were interested in learning more about expungements in New Jersey in return for continuing legal education (“CLE”) credit. During the lecture, Mr. Wolf talked about the expungement process in New Jersey, eligibility requirements, and recent expungement case law and developments. (more…)

Defense to a Refusal Charge in New Jersey: The Confusion Doctrine

10 Dec 2015

There are very few defenses to a refusal charge in New Jersey.  In order to be found to have refused a breath test in violation of N.J.S.A. 39:4-50.4, the State must prove the following four essential elements:

(1) probable cause to believe that the defendant had either been driving or was in control of a motor vehicle while intoxicated;

(2) police officers in fact arrested the defendant for driving while intoxicated;

(3) officers informed the defendant of the consequences of refusing to submit to a breath test and subsequently request that defendant submit to a breath test; and;

(4) the defendant refused to submit to the breath test.

[State v. Marquez, 202 N.J. 485, 503 (2010).]

If you are arrested on suspicion of driving while intoxicated (DWI), however, it can be a confusing and intimidating situation.  There are many questions that may run through your mind, such whether or not you have a right to refuse the test or consult with an attorney before deciding whether or not to submit to the breath test.  In fact, the various statements read by police officers to individuals arrested for suspicion of DWI can often compound this confusion.

Police officers first usually read the DWI the Miranda warning, followed by the “implied consent” warning.  While the Miranda warnings state that a defendant has the right to remain silent and the right to consult with an attorney, the “implied consent” warning specifically informs the suspect that the right to remain silent and the right to consult with an attorney do not apply to the taking of breath tests.
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Changing your Gender Marker on your Birth Certificate in New Jersey

06 Dec 2015

The New Jersey lesbian, gay, bisexual, and transgender (“LGBT”) community faces a number of potential challenges that other communities do not have to deal with.  In addition to prejudice, legal conundrums and gray areas unfortunately exist.  As of 2015, same-sex marriages are recognized in New Jersey and across the county.  Although many of the past issues and questions facing the LGBT community have been resolved with the ability to get married, issues nonetheless remain.

For example, under the current state of law in New Jersey, transgender individuals are not able to change their gender marker on their birth certificates without having undergone full sexual reassignment surgery.  Surgical transition, however, requires costly medical procedures that are not usually covered by health insurance.  This requirement, in turn, creates barriers for both middle and lower-income transgender individuals.  Moreover, aside from the prohibitive costs associated with surgery, there are several other reasons why transgender individuals elect not to have surgery.  In fact, almost two-third of transgender individuals do not undergo reassignment surgery.

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