Q: Can I get a NJ DWI conviction expunged

A: DWI and motor vehicle offenses cannot be expunged in NJ. Only criminal offenses that qualify can be expunged. DWI is not a criminal offense in NJ.

New Expungement Law permits petitions for Expungement of arrests in shorter time periods.

This is an excellent law to help non-violent offenders.

This new law establishes new expungement procedures for records and information pertaining to crimes and offenses, including procedures for persons who are, or previously have been, successfully discharged from the State’s special probation drug court program. It also provides shorter waiting periods before certain records and information become expungeable.

You can now get expungements for both the crime and the disorderly persons convictions.

The new law takes effect until April 18, 2016.

The time period for expunging a Municipal Court criminal charge may be reduced to 3 years if you can show exception circumstances. Otherwise it stays 5 years.

Regarding a person with a criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court in the county in which the criminal conviction was adjudged. That application could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses. The application could only be filed after the expiration of five years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, for the crime or for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period under current law for a criminal conviction expungement is ordinarily 10 years). Alternatively, the court could grant an expungement on the application if less than five years has expired from the payment of any fine but the five-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.

Regarding a person with a conviction for a disorderly persons or petty disorderly persons offense, but no criminal conviction, that person would be permitted to make an application with an expungement petition to the Superior Court concerning that offense following a procedure similar to that used for criminal convictions. The application, like an application concerning a criminal conviction, could include additional, separate petitions seeking to expunge no more than two other convictions for disorderly persons or petty disorderly persons offenses. The application could only be filed after the expiration of three years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration for any disorderly persons or petty disorderly persons offense, whichever is later (the waiting period on convictions for such offenses under current law is five years). Alternatively, the court could grant an expungement on the application if less than three years has expired from the payment of any fine but the three-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.

A: No, not in NJ all motor vehicle violations will remain on your abstract for life.