Criminal record expungements: Getting a DUI removed
Getting arrested for a DUI or DWI can be damaging to your record. Even if you are not convicted of driving under the influence, the charge may go on your criminal history and have future ramifications. If you are looking to seal your record, then you may want to file for an expungement. A criminal defense attorney may offer the legal advice you need to understand your rights and the process of getting your record cleared.
Deciding to file for a DUI expungement
The first step to getting your record cleared may be to decide whether you want to proceed on your own or have legal representation. A lawyer may require legal fees anywhere from $1,000 to $2,500. You might also want to ensure that the attorney specializes in expungement proceedings.
Does your DUI case qualify?
You may need to do your own research or consult with a DUI lawyer to find out if your DUI case qualifies for an expungement. A misdemeanor charge may have a better chance to get cleared.
Severe DUI charges may be more difficult to get to get expunged, especially if death was involved in your case. It may also be less likely for you to get a DUI removed if a prison term was associated with your case.
If your DUI case does not qualify, then you may be able to file a petition of nondisclosure. In this case, the DUI may be hidden from potential employers even though it might still be attached to your record.
The time to file
The time period to file for an expungement can vary from state to state. Some period depend on the statute of limitations on your case and other laws require a certain number of years before you can file.
Another possible factor is whether you have an pending criminal cases since the time of your DUI conviction. If you have been in trouble with law since your DUI, then you may be less likely to qualify for the expungement process.
Filing for a DUI expungement
Once you begin to file, you may need to send in a notice to the original law enforcement agency where your DUI conviction took place. Your parole officer and state agency might also need notification that you intend to clear your DUI history.
The paperwork you send in may include all necessary documents and can be sent to all appropriate agencies that handle your case.
Preparing for your DUI case
Getting prepared for your DUI case might include having all the necessary documents and following the correct state law procedures. YOu may also need to prove that you qualify for a DUI expungement.
Your case can take a few months to a year before you see results. The time period it takes may largely depend on the state laws.