When It Usually Gets Granted: What To Expect When You Want To Do A DUI Expungement
Arrests and/or convictions for DUI can negatively impact your
for so many years. After all, this data is available to persons who
request a background check like:
- Foreign travel
- Commercial licensing
It can be extremely hard to get around in life with a DUI arrest and/or conviction. Thus, it would be in your best interest to get a DUI expungement. Of course, it would be a good idea to seek the assistance of a DUI attorney since they can represent you better than you can in a court of law.
There are several things you need to do to even qualify for a DUI expungement; but most importantly:
- Your record must be clean for a certain amount of time (each state varies but it’s generally five years minimum).
If you’ve not been arrested, you can petition the court to have the arrest and/or the conviction expunged. An expungement doesn’t mean your offense is gone forever. It only means it cannot be seen without a court order for it. An ordinary background check will not uncover your drunk driving record. However, they will be made available again if you’re arrested for any offense again including a DUI. The expungement will apply only to one incident. It does not cover everything on your record.
How Does The DUI Expungement Process Work?
Now, if you’re going to ask the court for a DUI expungement, you and/or your lawyer will need to get ahold of your criminal records. The records can be requrested through the arresting agency – local police or sheriff’s department. You’ll need to also give them the date of the arrest and the crime you were charged with. The request will go to the state’s crime information, which will then send you the criminal record copy and all the forms you need to expunge your DUI. Make sure that you and your attorney intently look over the record to ensure there are no mistakes.
Once you fill the forms out, they’ll need to be returned to law enforcement officials. The district attorney or the state attorney will have a look over your application. The DUI expungement request is then sent to the judge where your case will be looked over. If you haven’t gotten arrested again for DUI, you went through alcohol rehabilitation and did community service (if ordered), then you’re likely to be granted with a DUI expungement. Bear in mind that a DUI expungement is usually only granted for a first offense. Yes, you will have to pay the fees that are associated with a DUI expungement including your attorney.
If granted with a DUI expungement, you can check the “No” box when asked if you’re been convicted of a crime. Expungement gives you a second lease on life and lets you put the past behind you. It’s also a good idea to get a DUI expungement even if you weren’t convicted of drinking and driving. After all, you seriously don’t want prospective employers or other folks seeing this information.
Check out drunk driving defense and how to acquire