Can a DUI be expunged in New Jersey?

Whether a DUI can be cleared at all

New Jersey's expungement chapter does not reach drunk driving at all. Driving while intoxicated is N.J.S.A. 39:4-50, a motor vehicle offense in Title 39 rather than a crime under the Code of Criminal Justice, and N.J.S.A. 2C:52-28 states that nothing in the expungement chapter applies to arrests or convictions for motor vehicle offenses contained in Title 39. That exclusion covers the whole chapter, so the regular expungements, the Clean Slate expungement under N.J.S.A. 2C:52-5.3 and the expedited expungement after a dismissal or acquittal under N.J.S.A. 2C:52-6 all leave a Title 39 drunk driving record untouched.

“2C:52-28. Motor vehicle offenses. Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39.”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not cleared. There is no route to clear it. N.J.S.A. 2C:52-28 puts arrests and convictions for Title 39 motor vehicle offences outside the expungement chapter entirely, and driving while intoxicated is a Title 39 offense at N.J.S.A. 39:4-50. The Motor Vehicle Commission maintains the driving history in a Driver History Abstract covering New Jersey moving violations, points, accidents, and suspensions for the past five years, obtained from the Commission for a $15 fee.

“Your driving history is available in a document called a Driver History Abstract. It includes all of your New Jersey moving violations, points, accidents involved, suspensions, etc. for the past five years.”

What else sits on that record: suspensions and points in New Jersey.

Automatic or by petition

New Jersey's Clean Slate expungement under N.J.S.A. 2C:52-5.3 is filed, not automatic: the Judiciary states that at least ten years must have passed since the last conviction and since fines and fees were paid and probation or parole completed. Applications go through the free eCourts Expungement System. Because N.J.S.A. 2C:52-28 excludes Title 39 motor vehicle offenses from the whole expungement chapter, a drunk driving conviction is outside Clean Slate as well as the regular and expedited routes.

“Clean Slate Expungement - N.J.S.A. 2C:52-5.3 At least ten years must have passed since your last conviction. Also, at least ten years must have passed since you paid any fines and fees and completed any probation or parole.”

Where it is filed, and what it costs

For offenses the chapter does cover, the Judiciary directs applicants to the eCourts Expungement System and states there is no charge. The Administrative Office of the Courts' expungement packet states that the Petition for Expungement is filed in the Superior Court in the county where the person was arrested or prosecuted as an adult, and a judge decides the petition; the packet's 2020 update removed the filing fee. After a judge signs the order it goes to law enforcement agencies, including the State Police, which removes expunged complaints from the Computerized Criminal History system and runs an Expungement Status Portal.

“You can apply for an expungement using the eCourts Expungement System. It's free. You will need your case number to get started.”

Whether a cleared DUI still counts as a prior

New Jersey steps a drunk driving sentence down rather than clearing it. N.J.S.A. 39:4-50 provides that where a second offense occurs more than 10 years after the first, the court shall treat the second conviction as a first offense for sentencing purposes, and where a third offense occurs more than 10 years after the second, the court shall treat the third conviction as a second offense. The earlier conviction still stands on the record; only the sentencing tier moves.

“if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense”

The statute: N.J.S.A. 2C:52-28

“New Jersey Statutes (Unannotated) / NEW JERSEY GENERAL AND PERMANENT STATUTES (UPDATED THROUGH P.L.2025, c.405, and J.R.22) ... 2C:52-28. Motor vehicle offenses. Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39.”