According to the centers for Disease Control and Prevention, there were 1,816 deaths in collisions involving drunk drivers in the State of New Jersey. DUIs are serious matter in all states, but the State of New Jersey handles DUIs differently. The State of New Jersey does not consider DUIs as criminal violations; rather, it considers them as motor vehicle offenses. As a motor vehicle offense, a DUI will be permanently placed on a motorist’s motor vehicle record. Further, placing DUIs as motor vehicle offenses can offer some benefits as to how offenders will handle their error after the conviction.
DUIs do not require an expungement in the State of New Jersey, and here is why.
To answer simply, DUIs do not require expungements in the State of New Jersey because they are motor vehicle offenses, not criminal violations. In order for an offense to be eligible for an expungement, it needs to be a criminal proceeding. Ultimately, DUIs are documented solely on the motor vehicle record of the defendant and not on his or her criminal record.
While a DUI will not be recorded on an offender’s criminal record in the State of New Jersey, this does not entail that the offender will not face criminal penalties or sanctions. Defendants will face a judge in a municipal court who will then hear the evidence presented against the defendant. The judge will then issue a ruling based on the facts of the case. In the State of New Jersey, it is possible to receive a prison sentence. This is particularly true if the motorist has committed the offense a third time. In the event that an offender has been sentenced to prison, he or she will face imprisonment of 180 days or greater.
DUIs in the State of New Jersey: important factors to consider while seeking employment.
Since having a DUI in the State of New Jersey is not considered a crime, a motorist who has a DUI on his or her record does not have disclose the charge if an employer asks if he or she has been convicted of a crime. In the event that the job application asks if the applicant has been previously convicted of a non-minor traffic offence, the DUI defendant will then need to disclose the record. This is because having a DUI on a driving record is considered a major traffic offense.
Many employers may purchase an applicant’s background check through third-party vendors as a segment of the hiring process. There are numerous types of information that an employer may have access to by purchasing a criminal background check. This may include, but not limited to, the following:
- Criminal records
- Vehicle registration records
- Incarceration records
- Driving records
- Court records
Since the State of New Jersey does not report an offender’s DUI to the National Crime Information Center, an employer may or may not know of the offense. Depending on the extent of the background check, the DUI may not appear on the record.
Obtaining Legal Assistance
DUIs in the State of New Jersey do not always require an expungement, but if the crime involved other charges, it is important to seek the help and support of a professional attorney.