If you think having just one more drink at the bar won’t hurt prior to getting behind the wheel for the drive back home, think again. According to Alcohol.org, driving under the influence of alcohol is considered a serious criminal offense and one that could prove lethal to both yourself and/or an innocent victim or victim.
Not every state allows for DUI expungement. For instance, in Texas and Mississippi, DUIs cannot be removed from your permanent record. Other states have different approaches to expunging a DUI from your record and will require the professional services of an expungement or criminal lawyer who might be able to execute a motion to dismiss a dui case.
But if you’re considering expunging your record of your DUI, you should know it can be a very complicated process that can take a long time. In fact, expunging the record of any serious crime is not an easy task. Not by a long shot. But Attorney Referral Service, an expungement attorney in Los Angeles, states that it is possible to expunge a DUI from your record. You can apply for expungement if you’ve been convicted of a misdemeanor or a felony that arguably could have been charged as a misdemeanor and were handed a fine that included jail time.
However, if you have committed a felony crime that included a DUI, and served time in state prison, the completion of a Certificate of Rehabilitation is required prior to criminal record expungement.
How DUI Works
Says Alcohol.org, if the police suspect you of driving under the influence of alcohol and/or illicit drugs, you can expect to be pulled over and asked to perform both a breathalyzer test and a sobriety test. You maintain the right to refuse both if you so choose, but that doesn’t mean the courts won’t charge you with a DUI based on the evidence recorded at the scene such as police observations and even eyewitness testimony. In other words, refusal to take the breathalyzer/sobriety tests can work against you.
DUI Expungement
The process of getting a DUI removed from your permanent record is referred to as “expunging.” You should know that even if the DYI is expunged from your criminal record, it might still show up on your driving record and result in restricted driving, although this will be for a limited amount of time.
Not every state allows for DUI expungement. For instance, in Texas and Mississippi, DUIs cannot be removed from your permanent record. Other states have different approaches to expunging a DUI from your record and will require the professional services of expungement or criminal lawyer who might be able to get the charge dismissed after a period of probation.
Determining Entitlement for DUI Expungement
One of the most important factors for determining eligibility for DUI expungement is probation. What this means is, if a judge denied probation for your driving under the influence and in turn, sent you straight to jail, you will more than likely not be entitled to an expungement.
You will be required to comply with all the mandates of DUI probation if you hope to have your record wiped clean. If you have violated the probation, you will likely not be expunged. Also, you cannot have another criminal case pending while requesting a DUI expungement since it might appear that you are anxious about the DUI being used against you in said case.
Applying for DUI Expungement
The first step in determining if your record can be expunged of a DUI conviction is to consult an expungement lawyer. If your lawyer determines you are eligible to apply for expungement, you will file a petition with the prosecuting attorney. The petition will include a “motion for relief.” Once received by the prosecutor, he or she will, in turn, file a challenge to the request.
How Long Can Expungement Take?
The amount of time it can take to have your record expunged of a DUI conviction varies from state to state. Generally speaking, you will have to wait a minimum of twelve months for the courts to even consider your expungement petition. That waiting period can be directly influenced by the severity of the DUI offense along with the duration of your probation. Your attorney will determine the best, most opportune time for you to file.
After your petition is filed, however, it can take another six weeks to be processed. It will take longer if a felony was involved, and far shorter if you were charged with a misdemeanor DUI. If, in the end, you are lucky enough to be granted approval for the DUI to be expunged from your record, you will still be required to wait another two days minimum for the courts to update their records. If the FBI is involved in your case, it might take months for your record to be wiped clean.
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