Traffic offenses including DUI/DWI are not expungable. They are traffic offenses, not criminal offenses in the State of New Jersey.
Even if your criminal charges were dismissed, you will have an arrest record that can only be removed by petitioning the court for an Order to Expunge all records.
The Expungement Process
You begin the expungement process by obtaining a copy of your criminal history through the New Jersey State Police. The copy provided by the N.J.S.P. contain most of the information necessary to file a petition on your behalf. You can find the instructions on how to obtain your record here whether you reside in NJ or another state. If the criminal history does not include the complete disposition (see below for definition); we will contact the courts on your behalf to obtain the omitted information.
Once you have received a copy of your New Jersey criminal history, please fax (609) 261-0686, or by email to Laura@sitzlerlaw.com a copy for an attorney to look over to determine if you are eligible; what type of expungement you should file and the retainer amount for our services.
Types of Expungement:
- Indictable Offenses a.k.a Felony Offenses
- Disorderly Person Offenses
- Local Ordinance, Drug Court Expungement – for those individuals who have successfully completed the program.
- Arrests not resulting in conviction – either dismissed or deferred dismissal (PTI, Conditional Discharge/Dismissal)
Your signed Petition for Expungement, Order for Hearing, your proposed Order for Expungement along filing fee of $75 will be submitted to the Superior Court in the county which you were charged. Once the Hearing date is received, all necessary parties will be notified by certified mail per the court rules. A copy will be forwarded to you by regular mail.
Ordinarily, you will not be required to appear at the hearing date. A copy of the Order for Expungement will be forwarded to you upon receipt. All necessary parties are notified by certified mail of the Order to remove all records of an arrest. You will receive a copy by regular mail along with the top employment background-check companies to have any records they may have be removed.
**A disposition is the outcome of your case. If there are any fines, court costs, the final charge or dismissal ordered by the Judge will be included in your disposition. Every case whether it is a traffic offense or a criminal offense will have a disposition. You can obtain a copy of your record by filing out a records request form and submitting it the court in which you appeared. Some courts do charge a small fee. Please contact the court for the cost.
This process takes approximately six months.
At any time, if you have any questions please contact the office at (609) 267-1101.