Does a DUI Ever Go Away in New Jersey?
Posted by Scott Gorman - February 28, 2022

If you got a DUI in New Jersey, you are not alone. Each year, the police make thousands of DUI arrests—including more than 1,000 arrests during the annual winter “Drive Sober or Get Pulled Over” campaign. You are also not alone in wondering if your DUI will ever go away. Unfortunately, it won’t. Essex County DUI lawyer Scott Gorman explains:

Why DUI Arrests Don’t Go Away in New Jersey

In New Jersey, DUI arrests do not go away. They go on your record permanently, and they are not eligible for expungement.

The reason for this is that DUI is considered a traffic offense – not a crime – under New Jersey law. Expungement is available for criminal offenses only. So, while it is possible to have crimes such as assault and shoplifting wiped from your record, this is not an option for your DUI.

Why It Matters that DUI Arrests Don’t Go Away

Since DUI is considered a traffic offense, when you get a DUI, it goes on your Driver History Abstract as opposed to your criminal record. Just like your criminal record, your Driver History Abstract is available to law enforcement, employers, landlords and other entities. As a result, having a DUI on your record matters. It can lead to enhanced penalties if you get arrested for drunk driving again, it can limit your job prospects and housing options, and it can negatively impact your life in many other ways.

Ways to Avoid the Permanent Consequences of a DUI Conviction in New Jersey

If you are facing a DUI charge or have recently received a DUI conviction, what can you do to avoid these consequences? Since DUIs are not eligible for expungement in New Jersey, you have three main options:

  • Fight Your DUI Charge – If you haven’t yet been convicted, you can fight your DUI charge. There are several different ways to fight DUI charges in New Jersey, and an experienced Essex County DUI lawyer will be able to help you explore all available options for mitigating or eliminating the consequences of your drunk driving arrest.
  • Appeal Your DUI – If you have already been convicted, you may be able to challenge your DUI conviction on appeal. While the grounds for filing an appeal are limited, it is well worth seeking to have your conviction overturned if you have legal grounds to do so.
  • File for PostConviction Relief – The third main option is to file a petition for post-conviction relief (PCR). You can file a PCR petition even if the window for filing an appeal has expired, but you must be able to point to a specific (and eligible) reason why you deserve relief from your DUI conviction.  

Request a Free Consultation with Essex County DUI Lawyer Scott Gorman

Essex County DUI lawyer Scott Gorman represents individuals who need to fight their DUI charges and convictions. To learn more about the options you have available, call 862-250-6201 or request a free consultation online today.




Published in Categories: DUI / DWI