DUI Expungement: How to get a DUI taken off your criminal record
Cleaning up your criminal record after being convicted of driving under the influence.
If you were convicted of DUI, you might be interested in expunging your record, especially if you have already dealt with the negative consequences of having a DUI, for example, in an employment application or rental situation. You should understand that not every state allows a DUI to be expunged from your record, and even if you live in a state that does allow it you may not be eligible due to your circumstances.
What is Expungement?
After expungement, the record of your DUI is "erased" from the public record. Expungement is ordered by a judge after you file a petition to the courts to requesting it. In other words, in states that do allow the procedure, the result can be as though the conviction never happened.
How Long Do You Have To Wait?
The amount of time that must elapse between your conviction and a petition to expunge your record is different in every state, so it is important to consult with a local DUI or DWI attorney to find out if and when you are eligible to have your record expunged. Generally the shortest period of time you will have to wait is one year.
Your Driving Record
Keep in mind that DUI cases have two sides, criminal and administrative. Be sure to ask your attorney if it is possible in your state to not only expunge the DUI from your criminal record but also if you can have it removed from your driving record. In most cases, you will not be able to remove a DUI from your driving record.
When considering whether or not to agree to expunge your record, a judge is going to look at whether you have had any subsequent criminal convictions, and how clean your driving record has been since your conviction and license reinstatement. If you continued to have trouble, you may be denied the expungement.
Get Legal Help
A local DUI defense attorney is going to be your best source of information about the rules in your state regarding record expungement and how you might or might not be eligible to take advantage of it.