One question we hear constantly is whether a DWI will appear on a criminal background check. The short answer is that, in most cases, a New Jersey DWI will not show up on a standard criminal background check — because a DWI is classified as a traffic offense, not a criminal offense. It is prosecuted in municipal court under Title 39 (the motor vehicle code) rather than as a crime under Title 2C, so it does not produce a criminal conviction that would populate a criminal history record.
But “won’t show up on a criminal check” is not the same as “won’t show up anywhere.” The distinction matters a great deal depending on who is running the check and what type of check it is.
There are two very different types of searches, and a DWI is treated differently by each:
In practical terms, an employer who runs only a criminal background check may never see your DWI. An employer who also pulls your driving record — which is standard for any job that involves driving — will see it. Keep in mind, too, that municipal court records are public, so a particularly thorough search can sometimes surface a DWI even when a standard criminal check would not.
Even though a DWI is not a crime in New Jersey, there are situations where it may still come to light:
It’s important to understand one major exception. While the DWI itself is not a crime, driving while your license is suspended for a DWI can be. Under N.J.S.A. 2C:40-26, driving on a DWI-related suspension can be charged as a fourth-degree crime in certain circumstances — and that is a true criminal offense that will appear on a criminal background check. It is one more reason never to drive while your license is suspended.
Will a New Jersey DWI show up when an employer runs a criminal background check?
Usually not. Because a DWI is classified as a traffic offense rather than a crime, it typically does not appear on a standard criminal background check. However, it will appear on a driving record (MVR) check, which many employers also run — especially for jobs involving driving.
Can I get my DWI removed so it doesn’t show up?
No. A New Jersey DWI cannot be expunged because motor vehicle offenses are excluded from the expungement process. It remains on your driving record permanently.
Does a DWI count as a felony or misdemeanor in New Jersey?
Neither. New Jersey handles DWI as a Title 39 traffic offense in municipal court, not as an indictable (felony) or disorderly persons (misdemeanor) offense under the criminal code.
Could a background check company still report my DWI?
Possibly. Some private screening companies pull from broad databases and may include a DWI even though it isn’t a criminal record. If a report is inaccurate or misleading, you have the right to dispute it with the screening company.
If you’ve been charged with a DWI in New Jersey and you’re concerned about how it could affect your job, your license, or a background check, the specific facts of your case matter. As an attorney with experience in DWI representation in Gloucester, Burlington, Camden, and Atlantic Counties, I can help you understand exactly what a conviction would mean for your record — and what options may be available to you.
This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every case is different; consult a licensed New Jersey attorney about your specific situation.