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Kevin F Sheehy
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Kevin Sheehy’s Answers

14 total


  • New Jersey Background Check Arrest Record Not Resulting In Conviction: What can private employers see?

    I was arrested for underage drinking in Tom's River. In court, I plead guilty to a municipal ordinance in exchange for dropping the underage drinking charge. My lawyer told me that I do not have a criminal record but I do have an arrest record tha...

    Kevin’s Answer

    Your CCH would reveal the arrest and ordinance conviction. If this is the only thing on your record you can get it expunged after 2 years from the conviction. Its a relatively straightforward process that would allow you to truthfully answer that you've never been charged/convicted of any crime/offense.

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  • Do dismissed cases come in background check

    My case was dismissed. There were no convictions or anything. Just an arrest record. Does this information comes in background check. I am very worried, since i am changing my job and the client will do a background check.

    Kevin’s Answer

    It is likely on your record. However, if the charge was dismissed you would be eligible to have the arrest expunged immediately. You should contact an attorney to prepare the peitition for expungement.

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  • I am in the process of becoming a CO for the State of NJ and I have a background check question

    On 2 different occasions I received a bench warrant for failure to appear to court regarding a traffic ticket. (2000 and 2013) both matters were dismissed. (2001) paid nothing (2013) I was ordered to pay a 50 fee for the warrant. Will this show up...

    Kevin’s Answer

    You should have a background check done. This is a relatively low cost service that will advise you what is on your criminal history if anything. Once you have this done, consult with an attorney to see if you are eligible to have any possible charges expunged and how you should answer these types of questions on a job questionairre or during an interview.

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  • Charged with possession of marijuana under 50g's and paraphernalia. Is it possible to have the case dismissed? 1st arrest.

    I was recently pulled over for driving continuously in the left lane (on an empty highway). Police officers used the odor of marijuana as probable cause to search my vehicle. They said I could refuse and they could impound my car and obtain a wa...

    Kevin’s Answer

    You should go over the issues with your PD or hire private counsel if that is your preference. Any search is fact specific and whether or not there are valid suppression issues will depend on the facts of your case. I agree with the previous posters regarding a possible issue about you being coerced or pressured into giving consent. An officer can explain to you the process of getting a warrant should you decline consent, but he/she cannot threaten you into giving consent. If there is video/audio recording of the stop that may be your strongest evidence to show that the consent wasn't freely and voluntarily given. Keep in mind these are not "criminal charges", they are disorderly persons offenses. Even if you end up using a conditional discharge, you can have the arrests expunged 6 months after the probationary period ends.

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  • As the owner of the vehicle, I received a ticket for "39:4-81" Red Light Camera. I wasn't driving it. How do contest?

    My vehicle was shown in the photo clearyl, but I wasn't driving it nor was I in the vehicle and can prove my whereabouts that day and time. There is no evidence in the photo of who was driving the vehicle whatsover.

    Kevin’s Answer

    Owner and operator are "jointly" liable unless you can show the vehicle was used without your consent. It's a terrible law.

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  • Can I sue the police department for falsifying my juvenile records? Will I be successful?

    Many years ago I was arrested as a juvenile for possession of a BB gun . It was a handgun BB , a toy in most states but not in NJ . I had police come to my house today and seize my legally purchased firearms and firearms id card due to the stat...

    Kevin’s Answer

    Obviously somebody made a mistake at some point. Either the Court entered the conviction improperly or your representation at the time did not effectively communicate to you the actual charge against you. You will need to provide more information and you should consult with an attorney. Depending on how much time has passed, you may be eligible for an expungement.

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  • Drivers susupension

    i have to go to court next monday for a drivers suspenison. i was supposed to go last month but my ride cancelled that morning. i called the court and they told me they would have to send me a diffrent date with failure to appear notice. i am hopi...

    Kevin’s Answer

    You should consult with an attorney. The penalties will depend on how your matter is resolved. A violation of N.J.S.A. 39:3-40 carries with it certain mandatory penalties including a fine, potential for license loss, and potential for jail. It depends how many prior convictions you may have and the reasons for the suspension. If you are able to get your license reinstated prior to court, some prosecutors will be able to amend the charge to a lessor offense. A good attorney can help you navigate the process and may be able to find a defense to the charge. For instance, in some cases, the notice of suspension from the MVC may not have bent sent prior to the stop. Speak with an attorney .

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  • I have 2C:33-2A charge on my record and it is the only thing ive ever been charged with is this a crime or misdemeanor or felony

    i got the charged back in 09 due to poor representation and me being young i plead guilty to get the court process over with, what a big mistake, never been in trouble sincebut i was told that i didnt have to state this on applications is that true?

    Kevin’s Answer

    It is a petty disorderly persons offense. It is not a "crime". So if you are asked whether you have ever been convicted or charged with a "crime" of "felony", the answer is no. You should still look to get this offense expunged from your record if you are concerned with potentially negative employment implications. This type of offense can be expunged after the expiration of a period of 5 years from the date of conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later.

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  • Are we before the judge together? How should we plea per the officers "one man takes the blame" advice? What now?!!

    We have no criminal background/warrants and we all reside in New York City. That said, I got pulled over today with 2 of my friends in New Jersey (Little Falls) and have been charged with 1)2C:35-10A(4) and 2)2C:36-2. He admitted to having an ey...

    Kevin’s Answer

    You should consult with an attorney immediately. Officers often tell people "everything will be okay" or "just show up to Court and this should be dismissed" in an effort to keep the peace during processing. Chances are you'll never see that officer in Court. Based on your submission, it sounds like there may be some significant search and seizure issues with respect to the reason for the stop as well as the search and seizure of the CDS. In the event the search and seizure were proper, depending on where the CDS was found, one of the co-defendants may be able to admit possession and exonerate the others. Also, some or all of the co-defendants may be eligible for a conditional discharge which can be used to avoid a potential criminal conviction. Again, this is definately a case you should have representation for.

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  • Will I be able to get my DUI reduced?

    I went to the bar for the first time in 8 months. I left and got lost and realized I was too Intoxicated to be driving so I pulled off the road and parked. I tried calling for someone to come get me, no one answered so I fell asleep in my car. Nex...

    Kevin’s Answer

    Certain guidelines prohibit the plea bargaining of DWIs. However, an experienced DWI attorney may be able to find flaws in the State's case that could keep the Alcotest result out of evidnece, or alternatively result in a dismissal of the charges. One potential issue is whether the amount of time from the point you last operated the vehicle until the time the test was administered would constitute an "unreasonable delay". This issue is somewhat novel as the controlling case law uses language that the clock starts ticking after operation, but then later states that the clock starts after the arrest. Definately an issue you should seek counsel from a DWI attorney on.

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