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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20075
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I plead guilty to a felony, I have worked in restaurants and

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I plead guilty to a felony, I have worked in restaurants and have had steady employment my entire life. I was recently contacted and told I need to apply for a "work permit" with the abc board in order to continue working. I feel like it is a violation of my constitutional rights for the abc board to not permit me to work while awaiting the results of my permit application. What can i do?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 5 years ago.
Hello,

If you are talking about the State's requirement that you apply for a Rehabilitation Employment Permit, then as a part of that process you can request a temporary work permit. You can find the information at: http://www.nj.gov/oag/abc/downloads/rehab-disqual_application_packet_10-09-07-final.pdf

There is no absolute Constitutional right to work at any job you want under any circumstances. The State is able to set rules for employment in certain industries such as those who serve alcohol. There is nothing unlawful in doing so.

I realize that this puts you in a tough position but with a felony conviction there are certain lawful constraints on your rights and this is one of them.


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Customer: replied 5 years ago.
Thank you very much for the answer. Just to verify, even though part of the reason for the judges "lenient" sentencing and probation requiring my steady employment. One person can decide that I am no longer able to legally work at my profession? With no hearing or trial of any sort?
Expert:  Marsha411JD replied 5 years ago.
Hello again,

This is an issue of what type of work you are doing, not work in general. There can be restrictions and qualifications set for certain types of employment. In this case this is an service of alcohol issue. If you worked in a restaurant that did not serve alcohol this would not be an issue. So, this requirement that you apply to remove your statutory disqualification for having been convicted of felony is your way to get your rights back to serve alcohol. Laws are black and white and do not take into account the sentences or the employment choices of those that they apply to.

I do understand that this is frustrating for you but this is a statutory requirement, not just something this agency made up and there is a mechanism for asking for a temporary permit.
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