There are many consequences to a DUI conviction, and they can continue to damage a person’s reputation and opportunities for the rest of their life if they do not find a way to clear their DUI criminal record. Those who think that such convictions automatically roll off a criminal record after a certain number of years are mistaken. However, there is a process by which a person can have that record sealed, or expunged, through the legal system.
Eligibility
Every state has different laws concerning expungement. Some states do not allow any records to be expunged, and others have a number of types of expungement available. Some of the options may include expungement for:
- Arrests but not convictions
- Only certain types of convictions (excluding sexual crimes in some states, felonies in others)
- Only for juvenile arrests and convictions
- Only for arrests for which the person has been acquitted, or cleared
- Only for convictions that have been reversed
It is important to have a lawyer review the options available before beginning the process. However, once the process has begun, there are certain eligibility requirements for every state, which vary. It is important to research these eligibility requirements and be prepared to meet them:
- Most states require a specified period of time to pass after the charge or conviction—which can range between three and ten years
- Each state’s list of crimes for which they allow expungement
- If any additional crimes on a person’s record may exclude them from eligibility for their DUI expungement
Effectiveness
While criminal records may be expunged, or sealed, in many states, that does not mean that they no longer appear in law enforcement files. Government, immigration, and law enforcement agencies, among others, will be able to access those records under certain conditions. In addition, expungement does not address public records such as news outlets and media reports. However, they will be hidden from:
- Background searches
- Reference checks from potential employers and landlords
- Educational Institutions
Getting Legal Help with Clearing a DUI Criminal Record
Because state and court officials have the final decision about whether a DUI criminal record is expunged or not, it is vital to complete the application process carefully and correctly, providing the most accurate and positive image possible. Experienced expungement attorneys know the process and the court system well and can guide an applicant to the best possible conclusion. In some states, that means a skilled negotiator, in others that means someone who is skilled at presenting a case in court. In either circumstance, this is too important to enter into without appropriate legal expertise.
