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Am I required to say yes or can i say no to the following application question. I was arrested for DUI in nj (not criminal)

Trenton, NJ |

Have you ever been convicted plead guilty or entered a plea of bolo contendere or received probation without verdict, ARD, or received any other dispositions (excluding acquittal or dismissal)of any criminal charges, felony or misdemeanor,including any DUI/dwi, drug law violations, or are there any criminal charges pending or unresolved in any state or jurisdiction? (Excluding parking violations)


Since nj is not criminal for DUI can i get away with saying no to this or does the wording of this question trap me to say yes.

Attorney Answers 6


  1. Since they're asking specifically if you've had DUI, better to say yes. Your parsing of the language isn't going to be pursuasive to your employer if they find out you have a DUI conviction.


  2. Since it specifically says "DUI/DWI" you should answer yes.


  3. Unfortunately, yes. If the question is asked, it must be answered truthfully, or you can risk termination in the future for lying on an application.

    In addition, if this is a state or federal employment application, there are criminal penalties that attach if you knowingly lie or leave out certain material information like convictions..


  4. I agree 100% with attorney Advani. far better to be as honest and forthcoming as possible then to risk being "found out" at a later date.


  5. You can "get away" with it only if they do not verify the information, as the query is pretty clear and that you are a DUI X-convict is pretty clear. The only truthful answer would be "yes."

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