How to Expunge Your DUI / DWI – Can You Get a DUI Off Your Record In All 50 United States?

 

A very common question in the DUI world is: Can I get a DUI off my record, depending on whether it happened 2, 5, 10, 20 years ago or more?

 

If you have a drunk driving (or drugged driving)DUI conviction on your record, you may pay for your crime long after your driver’s the license suspension is over, fines are paid, jail time is served, etcer and the fines are paid. Employers can access the information criminal records information in many cases, and can use it as grounds to deny you a job.

 

Colleges can look at this information when considering admitting you to their institution. And carAuto insurers can use the information when determining your rate or can possibly deny you coverage.. Don’t despair totally – there may be good news for youBut there is good news: i. It may be possible to expunge a DUI conviction it from your record. This means that it your criminal record and history is is “sealed” or erased, like it never happened.

 

But laws vary Before you jump for joy, it’s vital to know that DUI laws, expungement laws, and this whole process varies state by statestate, so h. Here is a list of states and a brief summary of their expungement laws to help you understand your options.

 

Alabama

 

Only first-time, misdemeanor offenders may expunge DUIs from their record. If you are still completing your sentence or are on probation, you may be ineligible, although your lawyer might be able to file a motion to terminate your probation early.

 

The first step is to submit a petition with the court. If the request is granted, law enforcement agencies will be sent an order to destroy or seal the records.

 

Alaska

 

This state does not have a law that allows expungement of criminal records.

 

Arizona

 

Arizona does not allow expungement of a criminal record. They stay on your record until you turn 99 years old.

 

Arkansas

 

As of August 1, 2011, expungement is available in Arkansas for the first time. It is only available for misdemeanor DWUI and DUI convictions, and you must wait until 5 years after completion of your sentence.

 

California

 

Expungement for both misdemeanors and felony convictions is available, but many factors will be taken into consideration, such as whether you were a juvenile or an adult when you were convicted, whether probation was granted, and whether a term in state prison was mandated.

 

You will not be eligible for expungement if you are still serving a sentence or on probation for a criminal offense, if you were convicted of a new crime within one year of the DUI, if there is an outstanding warrant for your arrest, or if you failed to appear to pay fines or fees to the DMV.

 

Colorado

 

It is not possible to expunge a DUI conviction in this state.

 

Connecticut

 

If you are convicted of a DUI, the record cannot be expunged, but if the charges are dismissed or you are acquitted, you may be able to have it expunged.

 

Delaware

 

If you entered the First Offender program, your DUI cannot be expunged from your record. Any conviction cannot be expunged, unless you were a juvenile at the time. However, if you were acquitted or charges were dismissed, you may be able to have it expunged from your record.

 

District of Columbia

 

Convictions for driving while intoxicated, driving under the influence, and operating while impaired are not eligible misdemeanors for expungement.

 

Florida

 

A conviction for a DUI cannot be expunged from your criminal record in this state.

 

Georgia

 

There is no expungement law. A DUI in Georgia is permanent on your record if you are convicted.

 

Hawaii

 

In some cases, DUI expungements are available in this state. Generally, they are only available to first-time offenders on a discretionary basis and for arrests that did not lead to a conviction. In order to obtain an expungement, you must file an application. It can help to have an experienced DUI lawyer or expungement lawyer to assist you.

 

Idaho

 

Juveniles are eligible for expungement, and adults may be eligible after their term of probation is completed. But it is discretionary, so you should get an experienced DUI lawyer to work with you. However, felony DUI convictions cannot be expunged. In order to complete the process, you must complete background check forms.

 

Illinois

 

DUI cases cannot be expunged. If you receive court supervision instead of a conviction, the criminal case will be dismissed after successful completion, but unfortunately, it cannot be expunged from your public record.

 

Indiana

 

Expungement of a DUI arrest is only allowed if charges were not filed or dropped, your case has been dismissed, you have been pardoned, or you were a juvenile at the time.

 

Iowa

 

If judgment has been deferred, the record can be expunged upon discharge from probation. Otherwise, the record cannot be expunged.

 

Kansas

 

A DUI conviction can be expunged five years after you have completed your probation. In order to do so, you must file a motion with the court and demonstrate that it is in the best interest of justice to expunge the conviction. It is advisable to have an experienced DUI lawyer to help you through the process.

 

Kentucky

 

If you have no other criminal violations, judges must expunge misdemeanor DUI convictions five years after completion of your sentence. A petition must be filed, and then a hearing will be set. Felony DUI convictions are not eligible to be expunged.

 

Louisiana

 

You are eligible to expunge your criminal record for a DUI felony or misdemeanor record if the case was dismissed, sustained or acquitted. It is also possible for DUI convictions. In order to do so, you must file a written claim with the court. You have to pay a processing fee, which may include an additional fee for a DUI conviction. Contact a DUI lawyer to start the process.

 

Maine

 

The state generally does not expunge DUI convictions. It is a privilege, not a right. You must wait until five years after you have completed your sentence to start the process. You must submit an application and pay administrative costs, and then you have to attend your expungement hearing. It is recommended that you have a DUI lawyer work with you on the process.

 

Maryland

 

A DUI stays on your driving record permanently, but it is possible to have a probation before judgment removed. The driver must wait 10 years, and as long as there is not an alcohol charge pending at the time, the request can be made. However, it is at the judge’s discretion. In order to increase the odds of a positive outcome, it is recommended that you hire a DUI lawyer to help.

 

Massachusetts

 

It is possible to expunge a DUI record in Massachusetts. However, you must have no further convictions, and ten years must have passed since completion of the sentence for misdemeanor convictions, and 15 years for felony charges. You must file an application with the court or probation board, and then there will be a hearing. An experienced DUI lawyer can help you to complete the process.

 

Michigan

 

Unfortunately, most traffic offenses are not eligible for expungement in Michigan. To find out if your case is eligible, contact an experienced DUI attorney. If it is eligible, you will need to file a motion in the court where you were convicted.

 

Minnesota

 

Not all DUI convictions are eligible for expungement. The court has discretion in the matter. In order to find out if your case is expungeablecan be expunged, contact an experienced Minnesota DUI lawyer. If it is, you will need to file an expungement petition. Then you must give notice to the prosecutor and any victim involved in the offense. After that, the court may grant a hearing where it will determine whether or not to grant the request.

 

Mississippi

 

Traffic offenses cannot be expunged in Mississippi, except in the case of minors. To find out your options, contact a DUI attorney.

 

Missouri

 

DUI expungeements are only available if the Missouri DUI was dropped down to a Minor in Possession charge. Otherwise, the conviction is not eligible.

 

Montana

 

Misdemeanor DUI charges are eligible for expungement in Montana, especially for first-time offenders or in cases where there was a deferred sentence or probation order. In order to start the process, you must consult the court of the county where the arrest, conviction, or deferred sentence was issued and follow their instructions on how to file a petition for expungement. A DUI lawyer can help walk you through the process.

 

Nebraska

 

Typically, DUIs do not qualify to be expunged are not expungeable in Nebraska, but in rare cases, you can seek other processes such as a pardon or reversal. An experienced Nebraska DUI attorney can explain your options.

 

Nevada

 

DUIs are not eligible to be expunged in NebraskaNevada. A DUI attorney can explain whether you have other options available to seal your DUI records.

 

New Hampshire

 

DUI convictions are eligible for expungement at the discretion of the court. To start the process, you need to file an application with the court. Then a hearing will be conducted, and the court will decide whether or not to grant your request.

 

New Jersey

 

DUI convictions are eligible for expungement at the discretion of the court. For misdemeanor charges, it must be five years after the final disposition of the case. For felonies, you must wait 10 years. In order to start the process, you must file an application with the appropriate court. Then a hearing will be granted where your petition will be considered. Petitions are granted and denied on a case by case basis.

 

New Mexico

 

DUI convictions can be sealed through the pardon process or executive clemency. A DUI lawyer can tell you which process is best for you.

 

New York

 

Expungement is only available if the matter is resolved in favor of the person who was arrested, which means that the charges were dismissed or you were acquitted at trial. Otherwise, expungement is not an option.

 

North Carolina

 

If the judge issues a deferred sentence, then the record is eligible for expungement once the terms have been completed. However, other cases are likely not able to be expunged. Contact a DUI lawyer to better understand your specific situation.

 

North Dakota

 

Depending on the charges, DUIs may be reduced. A DUI lawyer can explain your options. In order to go through the process, you must file an application and then attend a hearing where you must show evidence that you deserve to have the record expunged and that it is in the best interest of society. Decisions are at the discretion of the court.

 

Ohio

 

Expungements for traffic offenses are not allowed in Ohio. However, pardons are available in some situations. Contact a qualified DUI lawyer to understand your options.

 

Oklahoma

 

Misdemeanor and felony DUI charges are eligible to be expunged after 10 years, as long as you are not a repeat offender. A petition to the District Court in the District where the arrest was made must be filed. The Oklahoma State Bureau of Investigations strongly recommends that an attorney be used for the process.

 

Oregon

 

Expungements are granted at the court’s discretion. In some cases, the court may order that the defendant participate in a diversion program before filing a petition for expungement. In order to do so, you must fill out forms with the appropriate court, notify the prosecutor of the case, submit fingerprints, pay a filing fee of $80, and attend a hearing. There, you may be asked to submit affidavits to prove rehabilitation. It is recommended that you have a DUI lawyer help you with the process.

 

Pennsylvania

 

Generally, a conviction cannot be expunged. In cases where a DUI is expunged, the defendant usually has successfully completed a diversion program, but even then it is at the court’s discretion.

 

Rhode Island

 

DUIs are eligible for expungements. Misdemeanor charges are eligible five years after completing the sentence, and felonies are eligible ten years after completing the sentence. To do so, you file a motion with the court that presided over the original case. Notice needs to be given to all involved parties, and the hearing is then held where a decision is given by the court.

 

South Carolina

 

Offenses that involve a motor vehicle are not eligible for expungement in this state.

 

South Dakota

 

Misdemeanor DUI convictions are eligible for expungement ten years after the final disposition. However, felony DUIs are only eligible for expungement if the age requirements are met.

 

Tennessee

 

First-time offenders and deferred proceedings, provided that all terms were completed, are eligible for expungement. You must follow the court’s instructions on filing the appropriate papers to petition for expungement. Then there will be a hearing. A DUI lawyer can assist you with the paperwork & and hearing.

 

Texas

 

Expungement for DUI cases is very rare, unless you are granted a deferred sentence.

 

Utah

 

As long as the DUI did not result in a death, DUIs are eligible to be expunged. Notice must be given to all involved parties, and you must apply for a certificate of eligibility. You will also need to supply information supporting your rehabilitation since the conviction, and it is at the court’s discretion. The decision will be made in a hearing.

 

Vermont

 

Convictions are generally not eligible for expungement except in the case of juvenile offenses.

 

Virginia

 

Convictions are generally not eligible for expungement except in the case of juvenile offenses.

 

Washington

 

DUIs are specifically excluded from expungement eligibility in this state.

 

West Virginia

 

Expungements are granted on a limited basis in this state. Certain juvenile convictions and first-time drug-related offense are eligible. Contact a lawyer to better understand your situation.

 

Wisconsin

 

Certain DUI convictions are eligible for expungement. Factors include the age of the defendant, the type of conviction, and the extent of injuries. Work with a DUI lawyer to understand if you would qualify.

 

Wyoming

 

If you are granted a deferred sentence, you may be eligible to have you record expunged. However, the DUI laws in this state are strict, so it is best to work with a lawyer.

 

If you would like to take steps to expunge a DUI conviction from your record, the best thing to do is get a qualified DUI lawyer. The laws on expungement oftensometimes change, and they have the experience and knowledge necessary to help you through the process if it is available to you and if you qualify..


 

 

By Richard Jacobs

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