Term of the Day
Expungement of DUI
Definition - What does Expungement of DUI mean?
What is expungement?
In our legal system, an expungement case pertains to a situation in which someone who is usually first time offender attempts to “seal” or essentially remove any record of a criminal offense from their record. Therefore, expungement makes said records unavailable to any person. In DUI cases, the person is usually attempting to delete the DUI from their criminal record.
Who is eligible for expungement?
In the overwhelming majority of cases, the person filing for an expungement of their DUI almost always falls under a particular set of requirements which are all pretty similar from state to state. Someone who is eligible for a DUI expungement usually has not gone to prison because of their DUI. Usually, the person will have only been given some probation and has completed that probation. The expungement will also only take place after the case is over and there are no more pending legal issues about the case in question. Some people will find that they are not eligible for a DUI expungement. However, it is still recommended that you consult a professional DUI or DWI attorney about alternatives to expungement because there may be other options or routes that you can take to yield essentially the same outcome as expungement of erasing records. One alternative to DUI expungement allows the state to access still the record. However, it cannot be shared with anyone except law enforcement. This would mean that you would still essentially have the DUI conviction on your record, but it wouldn’t affect aspects of your life that a regular DUI record does such as a potential employer using the information to make a decision about hiring you.
How long do you have to wait for expungement?
Each state has a different time requirement for how long it takes for you to be eligible to file for a DUI expungement. For example, in California, the minimum wait time is ten years until you can file for a DUI expungement. However, expungement times can vary. Consider either visiting your state’s website to see the minimum wait time for an expungement or contacting an attorney in your state who specializes in DUI cases.
Will a DUI stay on my record if I get it expunged?
Yes and no. Yes in the fact that expungement means that it will be removed from your criminal record, that is what expungement is for after all. However, one aspect of your life that the DUI will not be deleted from is your driving record. This record after expungement is simply to keep some record that the DUI did occur, so that if it were to happen again in the future the court would have knowledge that you are not a first time offender.
For some people, a DUI is simply a small incident that doesn’t end up harming anyone. These people either didn’t know they weren’t sober enough to drive or thought they were competent enough. However, a minor DUI like this doesn’t have to affect the rest of your life, and in most cases can be removed via expungement. Talk to an attorney about it, because you may be more eligible for expungement than you realize. While DUI expungement may not apply to you, there are always options besides the traditional expungement.