What is an expungement? It’s a process for cleaning up your legal record. If you have a DUI on your record, there are ways to remove it. However, legally it’s not always possible. And the DUI will still be on your record, but only accessible to the government and law enforcement.
How the Court Process Starts
Court processes vary from state to state. In most cases, you’ll be filling out a petition and submitting paperwork to a criminal court. A judge will review this and decide your case. Sometimes you have to pay fees.
It can be much more complicated than that, and getting the help of a lawyer is recommended. If you make mistakes in the petition or other paperwork, the judge may decide against you. On the other hand, it may not be possible in the first place. There is often a hearing, where you can make a case with the help of your DUI lawyer.
Are you eligible?
Again, state laws differ in certain criminal law cases, and that includes driving under the influence charges. What the judge usually factors in this case is how much time has passed since the conviction, if any further crimes have been committed, how bad the charges were (if you received a felony charges in your DUI), and more. If the judge feels any of these are still questionable, he or she will likely deny your expungement.
Is it erased?
It will technically not be erased. What happens is your record is “sealed,” but even sealed government records can be accessible. Your DUI charges will still be accessible for police officers and other law enforcement; it will show up if you’re pulled over for speeding, for example.
How do you get help?
This is a big step in clearing your criminal record. If you can remove a DUI, it can really give you a second chance. Yes, it is difficult, but more than worth trying. This makes your overall record look better. If you are interested in removing a DUI from your criminal record, you need an experienced lawyer. You want a local lawyer who knows the state laws, who can handle the complexity of the case, and has the experience in handling expungements before.