New Jersey DWI Record Attorneys

Why DWI in NJ is not expungeable — the Title 39 rule

New Jersey's criminal expungement law (N.J.S.A. 2C:52-1 et seq.) applies only to convictions for indictable offenses (felonies) and disorderly persons offenses defined in Title 2C of the New Jersey Code of Criminal Justice. A DWI conviction under N.J.S.A. 39:4-50 is classified as a quasi-criminal traffic offense under Title 39 — it is not a "crime" in the New Jersey criminal code sense. Courts have consistently held that Title 39 offenses fall outside the expungement statute entirely.

This means there is no court petition you can file, no waiting period you can satisfy, and no Clean Slate Act pathway that would remove a DWI conviction from a New Jersey motor vehicle abstract or a DWI-specific background check.

What CAN be expunged — the arrest record vs. the conviction

If you were arrested for DWI but the charges were dismissed, downgraded, or you were acquitted — and no Title 2C criminal charges were involved — the arrest record itself may be expungeable under N.J.S.A. 2C:52-6 (expungement of arrests not resulting in conviction). This can help clear the arrest from a criminal background check even if the underlying DWI charge information on the motor vehicle abstract remains.

If your DWI case also involved Title 2C criminal charges (e.g., assault by auto, drug possession) that were separately dismissed, those criminal charges may be expungeable even if the DWI itself is not.

Pre-Trial Intervention (PTI) and DWI

PTI is a diversionary program in New Jersey that, upon successful completion, results in dismissal of criminal charges. However, DWI charges are not eligible for PTI — PTI applies only to Title 2C indictable offenses. If you are considering PTI in a case that also involves DWI, the DWI charge must be resolved separately (typically by plea), and only the Title 2C criminal charges will benefit from the PTI dismissal and subsequent expungement.

Background checks and employment — practical impact

Many private-sector background check companies pull New Jersey motor vehicle abstracts separately from criminal records. Employers in transportation, healthcare, and insurance may use MVR reports to screen for DWI history. Because DWI shows on the motor vehicle abstract and not the criminal record, a criminal expungement will not remove it from these MVR-based screenings.

Consulting an attorney is especially important if your employer or licensing board is asking about DWI. The applicable disclosure rules and the practical effect of the motor vehicle record differ significantly depending on the type of job and the specific question asked.

Statutes cited

• N.J.S.A. 39:4-50 (DWI — Motor Vehicle Code) — N.J.S.A. 39:4-50
• N.J.S.A. 2C:52-1 (Scope of NJ expungement law — Title 2C only) — N.J.S.A. 2C:52-1
• N.J.S.A. 2C:52-6 (Expungement of arrests not resulting in conviction) — N.J.S.A. 2C:52-6

Frequently asked questions

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