DUI: Can You Remove The Charge From Your Record?

Posted on: 14 May 2020


A DUI on your criminal record can wreak havoc for you later on in your life. You may have difficulty, for instance, obtaining employment or getting a lease or mortgage. For that reason, you may want to explore the possibility of getting your DUI conviction expunged from your record. Not every state will allow record expungement. Here are some things you need to know.

How Is a DUI Expunged?

Expungements clear a criminal record of a certain offense. An expungement of a DUI will remove the charge from your record as if the situation never occurred. You have to file a petition with the court to begin the process. The judge will determine the status of your expungement. Once the decision is handed down, your record is cleared.

How Long Does the Process Take?

There are varying rules among each state. Some states will have a waiting period you must go through before you can even start the expungement process. You will need to discuss an exact timeline with a DUI lawyer in your state.

Does an Expungement Clear Your Driving Record?

DUI cases have two sides. The criminal part of a DUI is the instance in which you broke the law by driving with an illegal amount of alcohol in your system. This charge can result in jail time. The other part of the DUI charge is the administrative portion, which deals with your driving record. When you file for a DUI expungement, you have to be clear that both sides of the expungement are addressed in order to clear your driving record and your criminal record.

Do Other Criminal Charges Factor into Consideration?

If you petition for a DUI expungement, you may or may not receive it based on the other activity on your record. The court will evaluate your entire record and take any additional convictions you have into consideration before a DUI charge is expunged. If you continue to cause legal problems after a DUI charge takes place, there is a high likelihood that you will not receive an expungement for your DUI.

If you are interested in getting a DUI off your record, you should contact an attorney who works with DUI cases. The first question to ask is whether or not a DUI expungement is allowed in your state. If you can move forward with the expungement, you and your attorney will begin the process of gathering the information for your claim.