Graves Act waivers allow the prosecution the option of offering a plea to the defendant. It is important to note that it is not easy to obtain a Graves Act waiver. Defendants and their attorneys cannot apply for a Graves Act waiver; these waivers are subject to the discretion of the prosecutor and only the prosecutor can apply. The process of obtaining a Graves Act waiver is complicated -- a skilled weapons offense attorney must develop a strong case that demonstrates relevant mitigating factors in the case that far outweigh the mandatory harsh prison sentence. A plea deal may result in a reduced sentence or non-custodial probation, which is a welcome alternative to the standard penalties. However, it does not erase the crime -- a felony offense still remains on your criminal record.