I received a DUI in NJ while possessing a Pennsylvania Commercial Driver's License. My Pennsylvania (commercial only) license was revoked for one year. After a year my Pennsylvania commercia license was restored. I have since moved to Delaware and the print out of my driving abstract shows the DUI even though I have zero points on my license. Is there a way to get this information removed from my driver's abstract. I'm having a very difficult time getting employment. I've been driving for over 30 years and I have never had a dui or anything like it on my license. I've had excellent driving history. Help!
Because DUI/DWIs have long-term implications, they will stay on abstracts. Many states increase penalties for subsequent DWIs, and some don't limit the increased penalties to 10 years. DWIs can have collateral ramifications, as well, such as travel restrictions (Canada does not want people convicted of DWI to visit their country.) So I would expect that information to remain on your abstract. The first DUI may not be a crime in NJ, but it is a crime in most states. It should also show up on your criminal history sheet. DWIs are separate from the point systems.
All three states are members of the Interstate Drivers Compact, which means drivers' information is shared and can affect your license/privileges in other states. How each state deals with that information from other states is a matter for them to decide. Legislatures across the country are tending to increase penalties on DWIs, not decrease them. The laws get tougher nearly every year in my state. As the laws get tougher, the DWI related deaths do go down a bit. So I would expect this trend to continue.
I expect that a business looking to hire comercial drivers would find a DWI history problematic, so all you can do is reassure them as to what you have done to deal with your alcohol problem. Perhaps if you agree to install and maintain an ignition interlock device in any vehicle you drive, and agree to maintain additional insurance, that could help. It's a practical issue for them, and an insurance issue. If you can do something to make it less risky for them, perhaps some company will consider hiring you.
DISCLAIMER: I do not practice in DE. This answer to a short question is provided solely for general informational purposes and based on general legal principles and court practice. This answer does NOT constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
N.J.S.A. 39:4-50 is the NJ DWI statute. It is a traffic offense and will not appear on any criminal case history. N.J.S.A. 2C:52-1, et seq. is the beginning of the NJ expungement statutes section. As you will note in these sections, a NJ DWI is not an indictable, disorderly persons, or municipal ordinance offense. Accordingly, it cannot be expunged.
You may want to obtain a disposition from the NJ court where your DWI offense occurred. That is the information you will need when you consult with a PA and DE attorney to see if anything can be done from the PA and DE sides of this records equation.
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