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Chapter 13 - Getting a DUI Record Expunged

 

When a court takes the necessary action to erase the record of an individual it is called an expungement. This means that in the future, if someone reviews a person’s arrest record, the expunged item will no longer appear. In essence, it is like cleaning the slate and getting a new start. Most education based groups, public employers or landlords would not see the conviction on an ordinary background check. In addition, if a person is completing some type of form or application that asks if the person has ever been convicted of a DUI they can answer no since their record has been cleared.

Eligible Offenders

 

In order to be considered by the court for expunging a record the DUI offender must have completed all requirements of their probation. Each state, and even each court, will have its own laws for handling drunken driving cases. Usually the probationary period for a DUI is at least 2 years and can last up to 5 years in some cases. Once the probation period has ended, and all of the necessary tasks have been completed by the defendant (i.e. paying any fines, appearing before an victim impact panel, obtained SR22 insurance, etc.) then the person can request the court to expunge their record.

 

Effect of the Crime on Expungement

 

The process to clean a person’s record can take some time. The nature of the crime will also have a direct impact on how the person’s record is cleaned, if at all. For instance, a person that was arrested and convicted of their first DUI offense while driving erratically on a deserted rural road may have been charged with a misdemeanor charge. However, a person that was arrested for drunk driving after colliding into a federal building and causing thousands of dollars of damage may be charged with a felony. The severity of the crime and the classification of the charge will have a huge effect on the court’s decision to clean a person’s record.

 

The Process

 

In order to have the record expunged properly the convicted party must contact a qualified attorney. Some DUI attorneys handle this type of case while others refer the matter to a different expert. In any case, make sure the attorney has a strong track record of accepting similar cases with a high percentage of winning these cases.

 

Once the attorney has accepted the case there will need to be some information that passes hands. The attorney will need documented proof that the person has completed their obligations to the court in the form of probation, any jail time, fines and court costs, proper evaluations (if ordered), proper therapy (if ordered) and any other directive specifically ordered by the court. Once the attorney has determined that the defendant has complied with all of the requests there is a motion filed with the appropriate court.

 

If the court approves the motion, the expungement order will begin. The attorney must then present the order to all agencies that show a record of the defendant’s DUI arrest or conviction. This may include the local police station, the state police, the department of motor vehicles, and the appropriate driver’s license board. The order directs each and every agency to remove the arrest and conviction from their records. At this time the agency is under order to contact the attorney to inform them that the order has been carried out and completed

 

The DUI Guide - Contents

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