Legal Question in DUI Law in New Jersey

Removing DUI charge

I had a DUI charge April, 2003. I may want to job search and am inquiring how to remove the charges from a background check. I have nothing else on my record. There were extenuating circumstances, but were not allowed. All fines, suspensions over.


Asked on 3/24/08, 10:58 am

2 Answers from Attorneys

Salvatore Principato Salvatore Principato, Attorney at Law

Re: Removing DUI charge

I would check with the MVC of NJ--Motor Vehicle Commision ---formerly DMV. My belief is that DUI/DWI charges are not subject to expungement for reasons such as tracking subsequest offenders that are so hotly pursued in the current environment. In a somewhat related area, I have attempted to expunge MVC records evidencing license loss for drug offenses but we have not followed up with the clients to confirm effectiveness. DWI itself however in NJ ---contrary to other USA states ---is not a criminal offense that would be subject to such expungment requirement at least hypothetically---and even criminal expungement under the Criminal Code statute does not provide an absolute right under every circumstance either. Best of Luck!

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Answered on 3/24/08, 11:22 am
Greggory Marootian Greggory M. Marootian, Esq.

Re: Removing DUI charge

A conviction for DWI/DUI in New Jersey becomes a permanent part of your New Jersey driving history. There is currently no procedure whereby the conviction can be eliminated from the New Jersey Motor Vehicle history. A background check will pick up the conviction only if the check includes a motor vehicle history.

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Answered on 3/24/08, 1:10 pm


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