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Can I get a DUI from Alaska expunged if I live in NJ?

Pompton Lakes, NJ |

Four years ago I received a DUI from the state of Alaska. My BAC was 0.78 but up there they are very strict. I currently live in NJ and am trying to secure a teaching position in secondary education. On the application they ask for criminal offenses (other than minor traffic violations). It is clear that I must disclose the DUI if I do not get it expunged. but it appears that DUI's are not eligible for expungement in the state of Alaska.

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Attorney answers 5

Posted

This is actually somewhat of a grey area. In NJ a DUI is not criminal conviction. It is a motor vehicle offense. However, the questions states everything other than MINOR traffic violations. They probably do want you to disclose it, but if you stuck to the plain meaning of the application the DUI is not a criminal offense. There is plausible deny-ability.

Michael J Palumbo

Michael J Palumbo

Posted

Of course the rest of the world does not live by the phony nuance of truth-by-verbal-judo that lawyers do. No, he fails to disclose it because in NJ it can be considered "minor" and their will be nothing to deny, as they will just not call him back.

Posted

Living in NJ shouldn't impact your ability to expunge it. I'd suggest calling an Alaskan DUI attorney to inquire. Beyond that, I generally suggest erring on the side of disclosure. Good luck.

Jasen Nielsen

Posted

I would consult an experienced DUI or Post-Conviction attorney in Alaska. Typically most states have some kind of relief available in this situation. Good luck.

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Posted

DWI is not criminal in Nj and therefore cannot be expunged. Alaska law is up to them.

Posted

Even if it were "expunged" you would still have to disclose it and most agencies and employers will find out about it. So don't try to hide the fact you have a DWI just disclose it and understand that it will be harder for you to get a job than someone who has not made that mistake.

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