Under New Jersey law, individuals are allowed to expunge their criminal files in many types of cases. This means that information from the person’s criminal case can be removed from state and local agencies’ records and it will not come up in the majority of criminal background checks. Since only criminal records are eligible for expungement, it means that a driving while intoxicated charge cannot be expunged under New Jersey law. 
The New Jersey Law on Expungement
The New Jersey Code of Criminal Justice, Section 2C;52-1, defines expungement as the “extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.”
Expunged records include a variety of documents, including complaints, warrants, arrests, “rap sheets” and judicial docket records. These records are not destroyed. Rather, they are removed and placed in separate storage along with other expunged files. The files may not be removed or reviewed again, unless certain restrictions apply, such as a review by prison administrators in a subsequent conviction.
Offenses Ineligible for Expungement
In order for a record to be expunged, there must first be a criminal offense. This requirement, unfortunately, prevents individuals who are arrested and/or convicted of drunk driving to have their records expunged. The reason behind this is that DWI arrests are not “of record” on any criminal database because they are never entered into the National Crime Information Center (NCIC) database. In short, if you have been arrested or convicted of drunk driving, no one will ever know unless they check your Motor Vehicle Commission records.
However, just because you are convicted of a criminal offense, it doesn’t mean that you will automatically be eligible for expungement. Certain convictions for violent crimes such as murder, robbery and kidnapping, cannot be expunged under New Jersey law.
The Serious Impact of DWI Offenses
Just because a DWI arrest is not considered a criminal offense, it does not mean it will not have a serious impact on your life. Moreover, since you are not able to expunge your DWI records, it is best to immediately hire a drunk driving attorney who specifically handles these types of cases to ensure that you are not convicted on the charges.
A good DWI lawyer can help you strategize legal defenses that will either dismiss your drunk driving charges or reduce the consequences. The sooner you hire legal help, the more likely that the charges will get dismissed.
Call Us
For more information or to schedule a free consultation with drunk driving attorney Dan Matrafajlo, please call Beninato & Matrafajlo Attorneys At Law, LLC at (908) 248-4404.
