Legal Question in DUI Law in New Jersey

What is a felony?

In 1995 I was convicted of possesion of 1/8 of an ounce of pot as well as possesion of drug paraphanalia. Is this a felony? In 1996 I was convicted of driving under the influence in the state of Maryland. Is this a felony? I have long since cleaned up my act and applying for federal employment.


Asked on 1/19/02, 3:57 pm

2 Answers from Attorneys

Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: What is a felony?

Under current law, the possession charge is not a felony and I do not think that it was when you were previously convicted. As to the DUI, they are not usually felonies either, but you would need to check Maryland law to be sure.

New Jersey has a process whereby you can have your record "expunged" of certain old offenses. Based on the facts you've given,the possession charge can probably be expunged meaning that it is no longer on your New Jersey record. You would have to contact a Maryland attorney to see if it can also be done there.

I offer free consultations and would be happy to discuss this matter further. Feel free to contact me.

Daniel B. Kelley

(856)616-8080

[email protected]

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Answered on 1/22/02, 10:42 am
Savyon Grant Law Office of Savy Grant

Re: What is a felony?

No, none of these are felonies in New Jersey or in most States. In New Jersey, you can file a motion to expunge your criminal disorderly persons offenses. The drug charges you discribe, sound like disorderly persons offenses.

To file a motion to expunge, means that once a Court approves expungement of you DP record. You will no longer have a criminal record. You can apply for jobs and state that you have never been arrested.

If you are interested in filing this motion, I will be very happy to discuss this with you. I can be reached at 201-646-9600.

Savy Grant

Attorney at Law

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Answered on 1/20/02, 9:09 pm


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