Legal Question in Business Law in New Jersey

An 18 year old conviction

18 years ago my husband was convicted of posession of a small amount of cocaine. He was given probation and since then he has been a law abiding citizen. Now we are applying to purchase a franchise and they want to know if he was ever convicted of a felony. There is no room for explaination or a date, just "yes or no". After 18 years, is he required to reveal this? Will it still come up on a search done by an employer? If so, how can we let them know the circumstances before we get rejected because of it?


Asked on 2/14/00, 4:49 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: An 18 year old conviction

It may be possible to get the matter expunged, but under certain types of possession convictions, they do not usually allow expungement. Cocaine is one of them, I believe. However, there may be mitigating circumstances that might allow for an expungement, but this could be costly process (multiple thousand dollar fee). What was the actual conviction for - was it possibly downgraded from a felony?

If expungement is not available, records are kept and could be provided to a prospective employer.

After checking if it is available and determining it cannot be done by special procedure, best to explain to the employer, since these records are available.

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Answered on 2/19/00, 1:08 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: An 18 year old conviction

Attach a page to the form explaining what happened. Also, you may be eligible to obtain an expungement which would wipe that off the records and under the law would allow you to honestly say that there was no conviction because the law would not recognize it as a conviction after the expungement. You should check with an attorney to see if your husband is eligible. If you want me to help you, call me at 856-546-8010; mention LawGuru and your first consultation is free. Good luck! Rob Gleaner

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Answered on 2/18/00, 9:29 am


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