Can I have a driving under the influence (DUI) charge expunged in New Jersey?

In New Jersey, motor vehicle offenses such as driving under the influence (DUI) of alcohol or drugs cannot be expunged from your record. A charge of driving under the influence (DUI) is considered a traffic offense and expungements only apply to criminal records.

What is the “clean slate” provision in New Jersey?

In late 2019, New Jersey Governor Phil Murphy signed into law an expungement reform bill that includes what is referred to as a “clean slate” provision or the “Cunningham Cleanser”, which concerns eligibility for expungement. Under this provision of the law, many more individuals will be able to expunge their criminal records. This provision enables individuals to clear their entire criminal record of arrests and convictions ten years after their most recent conviction and satisfies payment of any fines. It also satisfies the individual’s completion of probation, parole, or release from incarceration — whichever comes later. The clean slate provision was designed to recognize that if an individual is not charged with a criminal offense for a number of years, that this behavior is a strong indicator of rehabilitation. While the clean slate provision expands expungement eligibility, individuals who have been convicted of serious crimes — such as aggravated sexual assault, murder, and robbery — are ineligible for this relief.

Trenton Expungement Lawyers

Experienced Trenton Expungement Lawyers Help Those With Criminal Records Throughout New Jersey Obtain Expungements

Once you have a criminal record, it can stay with you forever, like a dark shadow hanging over your life. A criminal record can impede employment opportunities, educational opportunities, and even housing opportunities. New Jersey’s criminal laws do allow for expungement under certain circumstances and if you are granted an expungement, it can enable you to hit the “reset” button on your future. At the Davis Law Firm, LLC, our skilled Trenton expungement lawyers have more than 20 years of criminal law experience, and we are dedicated to protecting the rights of those who have been accused and charged with criminal offenses.

Understanding Expungement In New Jersey

Expungement is a legal process that is used to clear an arrest or criminal conviction from your record. Specifically, New Jersey defines expungement as the “extraction, sealing, impounding, or 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.”

Expungement records may include arrests, warrants, complaints, photographs, fingerprints, “rap sheets”, judicial docket records, and more. It is important to note that the process of expungement removes criminal records from public view, but it does not erase them entirely. They do still exist. Different agencies may hold these records, including law enforcement and the courts.

Skilled Trenton Expungement Lawyers Successfully Advocate For Expungement Of Allowable Crimes

Under New Jersey law, many criminal convictions may be expunged after the individual successfully completes their sentence and satisfies the mandatory waiting period, which depends upon the degree of the crime. Specifically:

Waiting period for expungement of an indictable conviction: five years
Waiting period for up to three disorderly persons or petty disorderly persons convictions: five years
Waiting periods are no longer required before convictions for specified crimes involving marijuana and hashish can be expunged

Disorderly persons convictions for certain drug offenses are no longer considered in determining whether an individual has exceeded the limit on the number of disorderly persons convictions that may be expunged. Those include being under the influence of marijuana or hashish, or possessing those substances, or failing to turn over those substances to a law enforcement official.

If an individual does not have any indictable offenses, New Jersey’s new law provides for expungement of up to five disorderly persons or petty disorderly persons offenses. In the majority of cases, expungement may be granted even if there is an outstanding fine, provided that all other statutory requirements are met.

Under New Jersey’s new law regarding expungements, if an individual has a criminal record that includes two or more unrelated criminal convictions, the individual will be able to have the most recent conviction expunged providing all the criteria are met. Having an earlier conviction does not preclude the expungement of a newer conviction. If the later conviction is expunged, the earlier conviction would still remain.

If you have a criminal record and believe you qualify for expungement under New Jersey’s criminal laws, contact one of the skilled Trenton Expungement Lawyers at the Davis Law Firm, LLC.

Crimes That May Not Be Expunged In New Jersey

In New Jersey, there are some crimes that may not be expunged. These include the following criminal offenses:

Sexual offenses
Robbery
Criminal homicide
Abuse of public office
Terrorism
Arson
Endangering the welfare of a child

One of the most effective ways to explore the possibility of expungement is to argue for a reduction in the degree of the crime, since that is how crimes are classified in New Jersey. At the Davis Law Firm, LLC our experienced Trenton expungement lawyers advocate for a reduced charge, advise our clients on measures to take to alleviate any adverse consequences of an arrest or conviction, and we fight to protect the rights of our clients.

Questions About Whether You Qualify For An Expungement in New Jersey? Arrange For A Free Confidential Consultation With Skilled Trenton Expungement Lawyers at the Davis Law Firm, LLC

New Jersey’s criminal laws surrounding expungement can be quite confusing and recently adopted changes to the laws can have an impact on your particular situation. At the Davis Law Firm, LLC, we believe that everyone deserves a fighting chance to start over, to have the opportunity to leave their past behind them once they have satisfied the terms of their punishment for crimes committed.

If you or a loved one has a criminal record — whether you were convicted or not — let us help you start over with a clean slate. Schedule a free confidential consultation with one of our skilled Trenton expungement lawyers to discuss whether you qualify for an expungement.

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