Can You Expunge a DUI?

downloadA DUI or driving under the influence charge can seem to punish a person long after they’ve paid all their fines and fees, attended their classes and served any time in prison that was part of their sentence. This record can keep them from getting credit, a job, an apartment, and so much more. This is why many wonder if they can have a DUI expunged from their record, meaning permanently removed.

One thing to remember is that the rules about this will vary from state to state. Some states do not let any convictions be expunged from a record, whereas some will allow a charge but not a conviction, and others will allow a conviction itself to be expunged or removed. Note too that laws will change over time so your state may currently allow it but then the law will change, or vice versa.

To find out if your state allows a DUI to be expunged, it’s best to check online or speak with an attorney. This will let you know if you even need to consider starting the process.

Even in states that do allow a DUI to be expunged there are factors involved that will be considered. For example, if it was a felony DUI meaning someone was killed as a result of the conviction, it is unlikely to be removed from your record. If there was property damage as a result of the conviction, this too makes it unlikely to be expunged.

If a person has a history of drinking and driving or other driving offenses, this too will make it less likely to have the record expunged. However, for those with a first conviction and without injury to another person or property damage, they may have a chance to have the conviction expunged.

Saying that a person has a chance to have a conviction expunged is most accurate as a record is not simply expunged because a person requests it. They need to make an argument before the judge as to why they think they should have the conviction removed from their record.

The best chance for success with this type of process is to hire a good attorney who is skilled at making these types of arguments. This will ensure the court is addressed effectively and will increase a person’s chances of having their record cleared.