An arrest for DUI can make it hard to obtain employment or professional licensing in certain states, as well as creating hurdles when renting an apartment or purchasing real estate.
DUI convictions can be expunged; the process varies by state; an experienced DUI lawyer can offer more precise guidance about when is best for filing an expungement petition.
So, how to get dui record expunged?
1. Talk to a Lawyer
Reducing the collateral consequences of a DUI conviction such as jail time and loss of license can have numerous advantages, from making employment easier to obtaining college admission or professional licenses easier to finding employment or licensure for professional licensure purposes. Unfortunately, expungements aren’t always straightforward and may require assistance from a criminal attorney.
DUI expungements may not be available in all states. Furthermore, each state sets its own timeframe between conviction and filing an expungement petition; an experienced DUI attorney can guide you as to when is best for filing.
An arrest for DUI can have lasting repercussions that are detrimental to your life. Even if eligible for an ARD program or have completed your probation terms successfully, having a DUI on your record can affect how employers, schools, and banks view you – expunging can remove these marks from your record and can help clear away these stains from it.
2. File an Expungement Petition
An arrest for DUI will appear on any background check, and expunging it can be an intricate process. Each state varies in terms of how and when one can apply to have their record expunged; to find out the best course of action possible for yourself it is wise to consult an experienced DUI attorney.
Criminal records that result from DUI cases that end in either a guilty plea or dismissal may be expunged, provided people complete their probation period, were found not guilty at trial or nolle prosequi (prosecution decided not to pursue charges), or have not been charged with any new crimes since their case has been resolved.
People may also benefit from having their DUI expunged because it won’t need to be reported to employers and landlords won’t use the conviction against them in refusing to rent property. Furthermore, having it expunged reduces the chance that car insurers will increase rates due to having had one on record.
3. Pay the Fees
An expungement removes charges from your criminal record, so they won’t appear on background checks. However, an expunged charge may still be accessible by law enforcement under certain circumstances, making it vital to consult a lawyer who understands your state’s rules regarding DUI expungements.
Step one of filing for DUI charges involves paying fees. These vary by county; an experienced DUI lawyer can help you figure out exactly what they should be. In certain circumstances, filing fees may even be waived due to financial need.
Expunging a DUI conviction can have many advantages for those trying to rebuild their lives after being charged with one. From eliminating the need for filing an SR-22 insurance policy with your insurance provider and applying for jobs as commercial drivers to helping your life post-DUI be more fulfilling; expungement is an invaluable asset that even misdemeanor DUI’s can be expunged after certain period of time has passed.
4. Complete the Expungement Process
Many people assume a DUI conviction will remain on their records for life, but this doesn’t have to be true. Expunging your DUI can make life easier when applying for jobs or housing leases or loans or credit cards in the future.
Michigan law permits those completing an Accelerated Rehabilitative Disposition program to petition to have their DUI removed from their record. While the process for expunging DUI can be lengthy, each county and state has different rules regarding who can have their conviction expunged; an experienced DUI lawyer can help explain them and determine if you qualify to have yours removed from your record.
Laws surrounding expungement vary by state, so if you need legal advice specific to your area’s rules for expunging criminal records or arrest records, consult an attorney who is well versed with those in your region. FindLaw has provided links on its Expungement and Criminal Records: State-Specific Information page which detail this topic for each state.
