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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
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Experience:  Experienced and knowledgeable criminal defense attorney.
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Will a DWI arrest that didnt lead to a conviction show up

Customer Question

Will a DWI arrest that didn't lead to a conviction show up on a criminal background check that a hospital in NJ does and if it does will an expungement cover it up?
Submitted: 8 months ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 8 months ago.
Thank you for the opportunity to assist you.

Q) Will a DWI arrest that didn't lead to a conviction show up on a criminal background check that a hospital in NJ does and if it does will an expungement cover it up?

Yes and yes.

Unless state law provides for automatic expungement (removal) of an arrest or other record when the case results in an other than guilty finding, you must petition (request) a court to grant an expungement. Like all states, NJ provides the opportunity for all citizens to have a matter expunged where the arrest and prosecution did not lead to a finding of guilty.

I found a very good overview of the expungemnet process in NJ online. This document is dated 2009, although it comes from the state's judiciairy website, and it appears to be the most recent edition. Forms to use for filing an expungement are also available online. (They are at the end of the document I linked to above.)

Finally, you could retain an attorney to assist you with this process. If you do not know an attorney familiar with expungement law in NJ, try the New Jersey State Bar attorney referral service. They should be able to point you in the right direction.

I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband

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