Hey all, great site. Glad I stumble across it. I'm in the process of applying for my FID, was wondering if someone could clear up a question I had. 12 years ago when young and stupid I was charged with DUI. Ended up being dropped to reckless driving. How would I answer the "convicted of a crime in New Jersey or any other jurisdiction with a penalty of more than 6 month" (paraphrased). Is it interpeted ANY crime in Nj? Or only if exceeding the 6 month penalty? Was unsure, wanted to be completely forthcoming...

A DUI in NJ is a motor vehicle violation, Period!  In PA and other states it is a criminal offense but not here.

You are good to go!

Thanks for response! Same with reckless driving?

Same. Vehicular homicide is a different matter though!

Most MV charges in NJ are not considered a crime, so  Speeding,

wreckless, careless, ect. do not need to be counted as a YES..

 

If you were convicted of a MV violation (or any other crime) in another state that

"could" carry a 6 month sentence (or more) you need to check off yes on the form.

(example in VA. 20mph over could carry a 1 year sentence; you wouldn't get that

1st time but it COULD, so you would need to answer YES).

 

The NJSP say that checking "Yes" does not mean you won't get your FID, it just means

it will be looked into further and you can expect a delay in the time it takes to get your

application processed.

A YES answer is not an automatic denial - they just need to see what that crime was, and 

if it was MV in another state NJ will overlook it.......

My assumption was that the DUI was here in Jersey. In that case he would check NO on that question.

 

If it occurred in another state, my advice might be different. Perhaps.

No DUI, charged but it was lowered to reckless.. But the event did occur in NJ.. Thanks for the feedback. Just trying to navigate this as honestly as possible..

Hey all, great site. Glad I stumble across it. I'm in the process of applying for my FID, was wondering if someone could clear up a question I had. 12 years ago when young and stupid I was charged with DUI. Ended up being dropped to reckless driving. How would I answer the "convicted of a crime in New Jersey or any other jurisdiction with a penalty of more than 6 month" (paraphrased). Is it interpeted ANY crime in Nj? Or only if exceeding the 6 month penalty? Was unsure, wanted to be completely forthcoming...

 

In NJ, a "crime" would, for the most part, be the equivalent of a "Felony" elsewhere.  That is any offense that is "indictable," and would carry a term of greater than one year in a state prison or equivalent facility. There are 4 degrees of crimes.  A "Crime of the 4th degree" is usually 1 year to 18 months in the State Prison. 3rd degree is 3-5yrs.  2nd Degree is 5-10 years,  and 1st degree is 10-20 years, all per each offense.  Some offenses have their own sentencing guidelines, of course (Murder is 1st degree, but carries 30yrs to life without parole).  

 

A "misdemeanor" elsewhere is called a "Disorderly Person's Offense" in NJ, usually carrying up to 6 mos. and, usually served in a county jail or equivalent facility.  A "Petty Disorderly Person's Offense" is, usually, the classic "30 days in Jail." 

 

I'd consult a lawyer if you're uncertain, but it would seem to me that if what you pled to (or was reduced to) did not carry a sentence greater than 6 months and was not a "crime" but a "Disorderly person's offense" (which it should be if was less than 1 year), you should be able to answer "No" to that question. It sounds like they're only asking if one has been convicted of a crime/felony.

No DUI, charged but it was lowered to reckless.. But the event did occur in NJ.. Thanks for the feedback. Just trying to navigate this as honestly as possible..

if you were only charged with 'Reckless" than I would answer "NO" on the application

MoVing violations are not considered a crime in NJ