Effect of Arrest or Conviction

July 1, 2014

New Jersey Law Allows Expungement of Many Criminal Records, but Not in DWI Cases

New Jersey allows people to expunge their criminal files in many types of cases, meaning that information related to a criminal case is removed from state and local agencies’ records and will not show up in most criminal background checks. Unfortunately, state law specifically excludes motor vehicle offenses, including driving while intoxicated, from eligibility for expungement. Even arrests for DWI are ineligible. Other states are considering similar laws to allow expungement of criminal records, but the proposed laws would similarly exclude DWI offenses. This effectively places DWI offenses, regardless of the specific circumstances, in the same category as non-expungeable violent crimes.

Because it is a motor vehicle offense and not a criminal offense in New Jersey, DWI convictions are not expungible. Likewise, the arrest for DWI is not expungible, however, again, because DWI is a motor vehicle offense, the arrest is not even “of record” on any criminal database. In other words, when stopped for a DWI, the “arrest” is not entered into the National Crime Information Center (NCIC) database. No one will ever know that a DWI arrest has occurred in New Jersey, unless the Motor Vehicle Commission records are checked.

Expungement, under New Jersey law, means the “extraction and isolation” of court, jail, or law enforcement records relating to a criminal matter. NJ Rev. Stat. § 2C:52-1. This includes records of criminal investigations, arrests, detention, and criminal court proceedings. The records are not destroyed, but are removed and placed in separate storage for expunged files. The only time they might be reviewed again would be by prison administrators after a subsequent conviction. Expungement for a felony conviction is available ten years after the date of sentencing. The time period is shorter for lesser offenses. Arrests and criminal charges that never result in a conviction or other formal disposition have no waiting period before a person may petition for an expungement.

Certain offenses are ineligible for expungement. This includes convictions for violent crimes like murder, kidnapping, aggravated sexual assault, robbery, and child endangerment. NJ Rev. Stat. § 2C:52-2(b). Records of drug convictions are ineligible for expungement if the offense involved more than a specified amount of the drug. Convictions involving official corruption also may not be expunged. New Jersey law also specifically omits motor vehicle offenses from expungement eligibility, and it applies this to DWI arrests as well as convictions. NJ Rev. Stat. § 2C:52-28. An arrest for alleged DWI that does not result in a conviction therefore cannot be expunged, but an arrest for a violent felony without a conviction potentially could be. Continue reading

September 21, 2010

New Jersey DWI: Will it Effect My Professional Employment?

by Evan M. Levow

If you are charged with a New Jersey DWI, and you are a doctor, nurse, lawyer, teacher, pilot, or other professional, you may have added concerns about the effect of a NJ DWI arrest or conviction on your profession.

DWI in New Jersey is not a criminal offense. It is a traffic offense, only. This is different than how 48 other states treat DWI/DUI. However, that does not reduce the severity of the charge and resulting effects in New Jersey. There is still loss of driving privileges, fines, and significant surcharges.

Because DWI is not a crime in New Jersey, it is not reported to criminal databases, such as the NCIC or National Crime Information Center, and will not be discovered during a criminal background check.

August 13, 2010

Work/Hardship License after a New Jersey DWI Conviction

by Evan M. Levow

As a New Jersey DWI lawyer, clients often ask me whether they can get a work license or a hardship license after a DWI conviction. My first answer is that I don’t want to have to get to that situation, and we will do everything we can to prevent that. Our goal is to do the best job that can be done under the circumstances of the case, and, first on that list is to seek to have the DWI dismissed.

It is important, however, to explore all options in the context of a DWI defense, and to understand the implications of all aspects of the prosecution and potential outcomes.

The unfortunate answer to this question is that there are no work licenses or hardship licenses in New Jersey after a DWI. Many states have this option, but definitely not New Jersey. So, during any suspension time imposed in New Jersey, the motorist cannot drive in the state of New Jersey until his/her driver’s license privileges are restored in New Jersey.