It only takes a moment to get behind a wheel and drive drunk, but the consequences can last a lifetime unless the offender is able to clear DUI records. From job and loan applications to background checks for rental property, a criminal record damages many areas of a person’s life for years to come. However, there are possibilities in some states, and under some conditions, by which someone can have a conviction expunged from their record.
Expungement Parameters
There is no standard opportunity for expungement throughout the country. Every state has their own unique formula for what types of criminal records can be expunged, when that process can begin, and who will be able to see those records after they are sealed. No criminal record is ever fully erased from a person’s record. It is just sealed so that only certain parties will be able to access the expunged information, usually law enforcement and government officials. Criminal records that have been expunged are generally sealed, or hidden, from, among others:
- Possible employers
- Educational institutions
- Background searches
It is also important to note that a legal expungement does not address any news reports or media records of the arrest, trial, or conviction a person may have faced.
Records Eligible for Expungement
While the specific rules for expungement vary by state, in states where it is allowed, it usually depends on factors such as:
- The number of years since the conviction or arrest—often between 3 and 10 years
- The type of crime—felonies are often excluded, as are sexual offenses
- Additional criminal entries on the applicant’s record
Some states allow expungement of arrest records without conviction more quickly, as quickly as thirty days when no charges were ever officially filed.
Expungement Process
Even if expungement is available in an offender’s state, there is no guarantee that every application will be granted. In order to begin the process, it is important to have legal help determining if they are eligible, how to apply, and where to deliver the completed application. In some states, there are a number of officials that require a copy. In addition, sometimes the process ends in court where the applicant must present their case before a judge who will determine if the Order of Expungement should be granted.
Getting Legal Help with Expunging a DUI Record
Many people assume that over time, any arrest or conviction record will cycle off their permanent record; however, that is not the case. Unless an official, legal expungement is granted, some convictions remain for a lifetime. Every aspect of someone’s life can be affected by a negative criminal record, so it is important to have expert help in applying for expungement. There are attorneys who are experienced in working through this process and successfully expunging the records of their clients.
