With news that a California judge agreed to expunge Mel Gibson's infamous arrest from his record, it's worth noting that he would not have been so lucky had he been before a New Jersey court.
DWI convictions - or any motor vehicle violations for that matter - are specifically excluded from New Jersey's statute on expungement. Such convictions remain on your record permanently, which is why it is so essential to have good representation in the event of a DWI arrest.
However, expungement is available for other offenses. In New Jersey Courts, an expungement involves scrubbing a person's record of "detection, arrest, detention, trial or disposition of an offense within the criminal justice system." The goal is to allow a one-time offender to move forward with his or her life.
Not everyone is eligible for an expungement. The following criteria must be met:
- you have no other prior or subsequent arrests
- you have not been convicted of a disorderly or petty disorderly persons offense on more than two occasions.
- you have not been convicted of more serious crimes including murder, manslaughter, rape, arson, perjury, and certain drug offenses, among others
The law also requires a waiting period before a petition for expungement may be granted. The clock begins running from the conviction, payment of a fine, or completion of parole or incarceration, whichever is later. That time period is ten years for most crimes, five years for disorderly persons offenses, two years for violations of a municipal ordinance, and one year for drug possession offenses where the offender was 21 years old or younger and possessed 25 grams or less of marijuana or 5 grams or less of hashish.
The process for seeking expungement involves petitioning the court involves filing a petition with the Superior Court in the county where the offense occurred.
