DUI Expungement

A drunk driving conviction can affect your ability to get a job. It’s natural to worry about the effect of a DUI/DWI conviction on your future. A drunk driving arrest can negatively impact many areas of your life, even if it does not result in a conviction. Fortunately, some people can clear their records through the process of expungement.

Expungement laws are different in every state. Some states don’t allow you to expunge a DUI conviction. Other states allow record sealing for DUI offenses. For legal advice about expunging DUI charges, talk to a local DUI defense lawyer.

Expungement 101

Expungement is the legal process of destroying or sealing records of arrests or convictions. It is also referred to as record sealing or setting aside a record. Expungement hides the record of an arrest or conviction from public background checks.

Law enforcement agencies may still have access to a person’s entire criminal history after an expungement. However, most other organizations and people cannot view expunged criminal records.

Generally speaking, having a drunk driving conviction expunged hides the record from the public. This includes educational institutions, potential employers, and credit bureaus. While most criminal convictions are public records, expunged convictions are not available for viewing by the general public.

For example, a judge could see that you had a prior conviction for driving under the influence (DUI). A private employer doing a background check would not see the DUI after expungement.

Expungement Process

The laws related to expungement vary widely from state to state. Where DUI expungement is available, it is often limited only to first offenses or misdemeanor DUI cases. In some states, expungement is only available for records of arrests that do not lead to guilty pleas or convictions. Eligibility for expungement may not include felony DUIs or some drug DUI cases.

Other states allow expungement of first DUI convictions on a case-by-case basis. In the judge’s opinion, the situation does not appear to indicate a pattern of criminal behavior. Expungement in all cases is granted or denied at the discretion of the presiding judge.

You generally have to file a petition or application with the proper criminal court to have a DUI record expunged. A judge will then review the application, the record, and any other relevant information. The judge will make a decision regarding expungement and grant or deny the petition.

While the basics of the process are straightforward, the requirements for expungement are complex. In some places, the petitioner has to serve papers on prosecuting attorneys. Some jurisdictions require a court hearing, while others do not. Some require approval by the prosecutor’s office before the application moves on to the judge.

Following approval of an application for expungement, the person who wants to seal their records may have to serve the court order on the state’s department of corrections or other organizations that have records related to the conviction or arrest.

DUI Expungement in Florida

In Florida, expungement is expunction. It allows for sealed DUI conviction records only in cases where the court dismissed, dropped, or never filed criminal charges. Expunction may also be available in Florida cases where the arrest and trial resulted in a not-guilty verdict.

After sealing the record, the Florida Department of Law Enforcement may still disclose that an expunged record exists. However, it will not disclose the record’s contents.

DUI Expungement in California

In California, an expungement of a DUI conviction is available for some misdemeanor violations. If the person seeking expungement was sentenced to probation, they cannot file the petition for expungement until completing the probation period.

Convictions for felony drunk driving may also be eligible for expungement in California. However, the process is sometimes more complex or requires extra steps. You may need to reduce the status of the felony conviction to a misdemeanor before seeking expungement of the record.

DUI Expungement in Other States

The expungement process differs depending on the state. Here are some examples of expungement in a few states:

• In Alabama, individuals can expunge DUI records only for juvenile convictions. The convicted person can petition to have the record destroyed once five years have passed since reaching the age of majority.
• Colorado allows DUI expungement for juvenile records in some cases. Records of arrests or charges that do not result in convictions are eligible for expungement.
• Georgia does not allow for expungement of DUI criminal offenses. You can expunge arrest or charge records under Georgia’s record restriction law.
• In Illinois, expungement is available only in cases where a DUI arrest did not result in a conviction.
• Minnesota misdemeanor DUI convictions are expunged at the judge’s discretion after a statutory waiting period.
• In Nevada, both misdemeanor and felony DUI records are eligible for expungement. The waiting period depends on whether the charge was a misdemeanor or a felony.
• In New Hampshire, expungement is annulment. Annulment may be available for both felony and misdemeanor DUI records 10 years after a conviction.
• In Texas, one must first receive a pardon before a case that resulted in a conviction is eligible for expungement.

This is just an overview of expungement in a variety of states. An expungement attorney can give you advice about how to seal your records where you live.

Expungement Help With a DUI Attorney

Expunging your criminal charges can take the weight of a prior DUI off your shoulders. It can also give you confidence that a drunk driving conviction won’t show up during a job search or background check. To find out about how you can have your records sealed or expunged after a first-time DUI, contact an experienced criminal defense attorney.