DUI and Expungement: How to Clear Your DUI Record
DUI conviction ca decrease your employment choices, influence your driver’s license and insurance rates for many years after the accident, and increase penalties for ensuing offenses. Some states give the opportunity to expunge or delete your criminal record, and if you are qualified for expungement of your DUI criminal record, it is worth the effort to do so.
DUI Expungement Eligibility Requirements
Some states don’t allow courts to delete DUI convictions. Texas and Mississippi allow expungements for several crimes but not those related to DUI convictions, because of the nature of the crime.
Some states will stop a DUI conviction from expungement based on the type of crime you have committed, rather than the nature of your offense as related to DUI. Like for example, you may be entitled of you only received and completed anoverdue sentence, and therefore, were never technically found guilty of a DUI. In these states, if you were found guilty and sentenced, but your DUI conviction was merely postponed, then you would not be qualified for expungement of your DUI record because of the finaltype of your DUI conviction.
The laws of the state where you are sentenced control if DUI expungements are allowed. That state’s laws will also set up the requirements and processes. Even though DUI expungement actionschange by state, there are three general eligibility requirements.
Filing a Petition for Expungement of DUI Criminal Record
Once you know that you meet the state requirements to delete a DUI criminal record, you must also follow the processes for expungement. Usually, you must file a petition to delete your DUI conviction, pay a filing fee, and then send notification to the prosecuting attorney’s office. Once they have the notice of your DUI expungement request, they have a certain amount of time to file an answer and contest your request.
After their time to response has passed, you must request a final hearing with the court. If you do not get your motion before the judge, he or she cannot rule, and thus cannot grant your petition to delete your DUI record. At the hearing, it is your duty to show why you are eligible to have your DUI conviction expunged. Because you will be held to the same rules of process as an attorney, it is always well recommended to have an attorney help you with this stage.
Meeting with a DUI Attorney
Before you get in touch with a lawyer to apply for a DUI expungement, collect all of your court records. Where you were sentence and the conviction you received will know whether you are qualified for an expungement or some other kind of similar relief. When you visit with a lawyer, your first question should be whether your state let DUI convictions to be expunged. If there is a procedure to delete a DUI criminal record, work with your lawyer to do so.