You don’t. Pursuant to N.J.S.A. 2C:52-1, et seq., certain indictable offenses ["felony equivalent"], disorderly persons offenses ["misdemeanor equivalent"], and municipal ordinances ["violation equivalent"] are eligible for an expungement in New Jersey. The criteria for a New Jersey expungement is the number of a defendant’s prior offenses, the type of offense[s], and the passage of time.
A New Jersey DUI is a traffic offense under Title 39 of the New Jersey Statutes Annotated. Accordingly, NJ drunk driving matters are not expungeable offenses. The good news is that a NJ DWI conviction will not appear on a criminal case history or “CCH”. It will only appear on a NJMVC certified driver abtract, and possibly an out of state driving record if the defendant held a non-NJ driver’s license at the time of the conviction.
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