I assume you were convicted in New Jersey. If so, it cannot be expunged. It is considered a motor vehicle offense and not a criminal or quasi criminal offense.
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
Only criminal matters can be expunged in NJ. DWI is not criminal and will not come up on a criminal background check. it will show ion your driving abstract.
The simple answer to your question is no a DWI conviction in NJ can never be expunged. NJ does have what is called "a step down" provision wherein if you go 10 years or more from your last DWI, and then get another DWI it will be treated as a first DWI for sentencing purposes. This is extremely important as the DWI sentences are progressive and each new conviction carries significantly more harsh penalties including incarceration.