Archives: FAQs

It might be possible to get your child’s charges reduced or dropped depending on the severity of the crime and the effectiveness of their defense. If the prosecution cannot prove every aspect of their case beyond a reasonable doubt, then the charges against your child could be dropped. Even if a not-guilty verdict isn’t attainable, […]

In many cases, a person convicted of a felony (known as an indictable offense) can apply to have their criminal records expunged five years after they have completed their sentence. However, a number of felony crimes cannot be expunged in New Jersey, including murder, sexual assault, and certain drug crimes.

Misdemeanors (known as disorderly persons offenses) are less serious crimes, including shoplifting and minor drug charges. If your conviction is for a disorderly persons offense or petty disorderly persons offense, you may qualify for expungement.

When a record is expunged in New Jersey, it is essentially sealed from public view. However, there are specific agencies that still may be able to access your criminal record in certain circumstances. A court may review your full record when determining a sentence, and immigration officials may see your record. You also may need […]

No. As long as the crime you committed is eligible and you meet other requirements, such as the necessary waiting period, you can petition multiple times for the expungement of your criminal record.

A judge will decide whether to approve or deny a Petition for Expungement. If you are ineligible for expungement, a judge will deny your petition. However, there are other reasons the judge may issue a denial, including: The petition is missing required information. The court determines public access to your records is valuable. You’ve exhausted […]

The length of time it takes to get an expungement can vary depending on a number of factors, but generally the process may take upwards of six months. After you submit your application with supporting documents to the court, there are a number of steps that need to occur, including: Your case getting assigned to […]

Regular licensed motorists are considered legally intoxicated if they have a BAC of .08 percent or above. Commercially-licensed drivers are considered legally intoxicated if they have a BAC of .04 percent or above. Underage drivers with a BAC of .01 percent to .08 percent can be arrested for a “baby DUI.” It’s illegal for anyone […]

Not exactly. A DUI is usually not considered a felony in New Jersey because the state does not consider a DUI to be an “indictable offense.” Instead, a DUI in New Jersey is typically regarded as a serious traffic violation, though it can be raised to the level of an indictable offense under certain circumstances.

Yes, a DUI can be dismissed under certain circumstances. Just because you were arrested doesn’t mean you will be convicted. There are many potential grounds for challenging a DUI. Speak to a knowledgeable DUI attorney at Keith Oliver Criminal Law to discuss what defenses are available to you.