DUI Expungement

Expunging a DUI Record

If an individual has a DUI on record and an action is taken to erase it then it is referred to as an expungement. When a recorded crime has been expunged it no longer appears on the persons arrest record. In short the persons slate is wiped clean and they are given a fresh start. If an employer, an education based group or a landlord asks for an ordinary criminal background check then the conviction would not show. If a persons record has been cleared then they are not expected to report the offence on any more forms or applications.

Offenders that are eligible.

If a DUI offender applies to the court to have his/her record expunged then they have to have fulfilled all of their probation requirements. Every state and indeed even every court has its own state laws that cover drink driving cases. The probationary period for first offense DUI is a minimum of two years and a maximum of five years. When the probation period comes to an end and the defendant has completed all of the allotted probation tasks (For example, obtained SR22 insurance, paid the fines, appeared before a victims impact panel) he/she can apply to the court to have their record expunged.

What Happens If You Get Arrested For DUI

It can take some time to wipe a persons record, even if this is first offense DUI. If a person asks the court to expunge their record the nature of the crime will be taken into account, in some cases the court may be reluctant to wipe the slate clean. For example, a drunk driver that was arrested DUI on a minor road could end up being given a DUI misdemeanor charge. On the otherhand a drunk driver that crashes into a state building causing a huge amount of damage could be facing a felony charge. The classification of the charge and the severity of the crime will definitely have a huge bearing on whether the court decides to expunge their record.

How the process works

If the convicted party wants to expunge his/her record properly then they need to make contact with an attorney. Numerous DUI attorneys are equipped to handle this type of case but a few may prefer to pass the case over to an expert. When choosing an attorney it is important to pick one that has a good track record in the field, they know what happens if you get DUI.

The attorney who is assigned to the case will need to gather the relevant information. The defendant will need to provide documents proving that he/she has fulfilled the conditions of their probation. this could include serving a term in jail, proper evaluations, proper therapy (if this was ordered), paid fines and court costs and carried out anything else as ordered by the court. As and when the attorney is satisfied that the defendant has met all of the specified requests then he will file a motion with the local court.

The expungement order can only go ahead if the court approves the motion. The order is then shown to all who have documented the defendants DUI conviction or arrest. This task is done by the attorney and it may involve contacting the state police, the local police station, the appropriate driver's license board and the dept of motor vehicles. After looking at the record the agencies are obliged to remove the defendants conviction and arrest records from their documentation. When the records have been amended they must notify the attorney.

 

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