New Jersey’s Law on Expunging Motor Vehicle Offenses

New Jersey has some pretty specific laws when it comes to expunging motor vehicle offenses. Section 2C:52-28 of the New Jersey code states that “Nothing contained in this chapter shall apply to arrests or convictions for motor vehicle offenses contained in Title 39.”[1] This basically means that the normal expungement laws in New Jersey don’t apply to motor vehicle offenses like speeding tickets, DUI, reckless driving etc.

So what does this mean for people looking to clean up their driving record in NJ? Well, unfortunately it means the process is a bit more limited compared to expunging criminal offenses. Let’s take a closer look at what options are available.

Expungement vs. Record Sealing

First, it’s important to understand the difference between expungement and record sealing. Expungement completely destroys and erases the record like it never happened. Sealing simply removes the record from public view but does not destroy it.[2]

For motor vehicle offenses in NJ, true expungement is not an option based on 2C:52-28. The only relief available is to have certain records sealed from public access.

DUI Expungement in New Jersey

One of the most common motor vehicle offenses people want to remove from their record is DUI. Unfortunately, New Jersey does not allow DUI convictions to be expunged or sealed no matter how long ago it occurred or your driving record since then. [3]

The only small exception is for first-time DUI offenders who were under 21 at the time of the offense. In this limited case, they may petition the court to seal the DUI record after 5 years. But again, this only applies to very young first-time DUI offenders.

Speeding Tickets & Minor Traffic Offenses

For minor traffic offenses like speeding, running a red light, or stop sign violations, these can typically be sealed from public view after 5 years of a clean driving record. [4]

To have these types of violations sealed, you must file a petition with the court and pay applicable fees. The exact process can vary by county and type of offense.

Some traffic offenses like reckless driving, leaving the scene of an accident, driving without insurance, or excessive points may not be eligible for sealing even after 5 years.

License Suspensions

If your license was suspended due to motor vehicle offenses, you may be able to get the record of the suspension sealed after 10 years in some cases. This can help remove evidence of a prior suspension from background checks by potential employers for example.

However, some types of suspensions like DUI-related are not eligible for sealing at any time. Always check with the local court system first before pursuing sealing of a prior license suspension.

Juvenile Motor Vehicle Records

One area where New Jersey does allow full expungement for motor vehicle offenses is for juveniles (under 18 at the time). Juvenile motor vehicle records can be fully expunged after 2 years or when the person turns 18 based on New Jersey code 2C:52-4.1. [5]

So while adults have very limited relief for motor vehicle records, juveniles do have the option for full expungement after a reasonable waiting period.

Out-of-State Motor Vehicle Offenses

If you have motor vehicle offenses that occurred out-of-state, it will not impact your ability to pursue expungement in New Jersey. Another state’s records have no bearing on what can be sealed or expunged within NJ.

You would need to consult that other state’s laws to determine if sealing or expungement is an option for offenses that happened there.

Should I Just Not Disclose Motor Vehicle Offenses?

While motor vehicle offenses stay on your NJ driving record indefinitely in most cases, some people consider simply not disclosing them on job or housing applications for example. This is never advisable!

Failing to disclose convictions or offenses that are still on your record can be considered falsifying an application. That could lead to termination or other serious consequences if discovered.

Always answer background check questions truthfully. The best path is to go through the proper channels to have eligible motor vehicle records sealed wherever possible.

The Court Petition Process

The process for having motor vehicle records sealed in New Jersey involves filing a formal petition with the Superior Court in the county where the offense occurred. This is true even for minor traffic tickets.

The petition process has fees, requires being fingerprinted, background checked by the prosecutor’s office, and a court hearing. It’s always advisable to hire an experienced attorney to handle sealing petitions to avoid complications.

Is Expungement Reform Coming to New Jersey?

While options are limited now, there has been growing discussion around expungement reform in New Jersey. Several bills have been proposed recently to expand expungement eligibility and streamline the overall petition process.

One bill specifically aims to allow for expungement of non-criminal motor vehicle offenses after 10 years. While not yet law, it shows movement toward updating New Jersey’s strict motor vehicle expungement laws.

Conclusion

Due to Section 2C:52-28, New Jersey takes a very restrictive approach to expunging motor vehicle records compared to criminal offenses. For now, options are limited to sealing certain records after 5+ years.

However, proposed bills could bring meaningful expungement reform to the state in the coming years. This may open up avenues for removing old motor vehicle convictions from public record.

Those looking to clean up their driving history in New Jersey should consult with an attorney to understand all current options. And continue to monitor for positive changes that may emerge from expungement reform efforts.