A person with a DUI arrest or conviction on his or her record may find it difficult later to find employment, enroll in a school or in the military. Fortunately, current laws allow people with DUIs on their records to expunge DUI arrests or convictions. A DUI expungement cleans the record and allows a person a new start.
What are the Steps to an Expungement?
Although state laws vary, expungement laws require common steps. In general, in order to be eligible for an expungement, you must meet the following criteria:
- A certain period of time must have passed since your arrest or conviction;
- You must have completed all probation terms and conditions
- You must have no new charges pending against you; and
- You must have paid all fines as well as completed any court-ordered jail time, community service or rehab treatment.
How Long Does an Expungement Take?
If your DUI was a misdemeanor, the average process time may take approximately 2 to 6 weeks from the time the application was filed. If the DUI was a felony, the expungement may take from 4 to 6 weeks. This also applies if you want to reduce a felony to a misdemeanor.
What Are the Administrative Costs?
Court and filing fees may run from $100 to $400, excluding any additional legal costs. The costs are also dependent on other factors including the nature of the charge(s) (i.e., misdemeanor or felony) and the number of charges.
Benefits of an Expungement
An expunged record frees you from having to disclose an arrest or conviction in certain situations like to a prospective private employer, a bank loan officer, or a school administrator. However, expungement is no guarantee that private employers or others will not be able to access your expunged record under certain background checks. Also certain states do not have expungement laws in place. Additionally, if you are charged with subsequent DUI violations, your prior DUI may be used to increase your penalties and punishments.
Alternatives to Expungement
If your state does not provide expungement, you may seek other ways to clear your record. Find out whether your state governor's office can issue a pardon. This will effectively clear your record of arrests and convictions.
Find an Attorney
If you have a DUI arrest or conviction on your record, it may prevent you from finding a job, enrolling in school and a few other privileges such as taking out a mortgage. Depending on your case, you may be eligible to have your record expunged of your DUI violation(s). If your state does not offer expungement laws, you may seek alternatives to clear your record. Talk with an experienced attorney who can instruct you about your state's laws and what you need to do to start fresh.
