Can You Have a DUI Conviction Expunged

Can You Have a DUI Conviction Expunged Addiction Alcohol Use Drunk Driving Print DUI Conviction and Long-Lasting Consequences By Buddy T facebook twitter Buddy T is an anonymous writer and founding member of the Online Al-Anon Outreach Committee with decades of experience writing about alcoholism. Learn about our editorial policy Buddy T Updated on February 21, 2020 alejandrophotography / Getty Images More in Addiction Alcohol Use Drunk Driving Binge Drinking Withdrawal and Relapse Children of Alcoholics Addictive Behaviors Drug Use Nicotine Use Coping and Recovery Having a drunk driving conviction on your record can have negative consequences in many areas of your life long after you have completed your sentence and probation requirements. After you have paid all the fees and fines, attended the classes, served your sentence and completed all the requirements to get your driving privileges back, you may find that just having a DUI conviction on your record can be a form of punishment by itself. Long-Lasting Consequences Many people who found their way to recovery as a result of being arrested for drunk driving and have cleaned up their act, quit drinking, and remained sober, have become frustrated when they find that years later they are still paying for their crime anytime someone runs a background check on them. A drunk driving conviction can hamper you in getting a job, obtaining credit, purchasing a gun, getting a student loan, or even renting an apartment in some cases.?? It can even affect your ability to get insurance and the price you will pay for insurance. The solution to that problem is to try to have your DUI conviction expunged from your record if you can do so. Whether you are not you can have it expunged depends on the laws of the state in which you were convicted. The laws concerning the expungement of criminal records vary from state to state. Some states do not allow it at all for convictions, only for arrests that did not result in a conviction. Other states will allow expungements  but only under certain conditions. What Is an Expungement? When a court orders a criminal record expunged, it means the conviction is sealed or erased so that it no longer appears on the background check available to potential employers, lenders, landlords or the public in general. The record is really never completely erased, however. It can still be seen by law enforcement and court officials to determine if you have had prior convictions.?? But an expungement will keep your record from hampering you in getting a job or applying for a loan. How Do You Get One? The first thing you need to determine is if the state in which you were convicted allows expungements.?? If it does, then the next step is to determine what requirements you need to meet to have your record cleared. The eligibility requirements for expungement vary from state to state, but generally the factors most states consider include: Was the DUI your first and only conviction?How much time has passed since the conviction???What was the severity and nature of the crime? Determining If You Are Eligible If you have other convictions on your record, chances are you will not be eligible to have your record expunged. If you have multiple DUI convictions, the chances are almost zero that you can get them sealed. Most states have a time limit in which you must have maintained a clean criminal record to be eligible for expungement. Again, it varies from state to state and can range from three years to 10 years. If your DUI conviction was a felonyâ€"if someone was killed or injured or if the property was destroyedâ€"it may be more difficult for you to get the record expunged.?? Drunk Driving and Vehicular Homicide Beginning the Expungement Process If you find that your state does offer expungement and you are eligible, that is just the beginning. Now the work begins. You will have to fill out an application or a petition to file with the court. It requires a lot of paperwork and there are court fees involved with the filings. In some states, you may have to file the petition with the clerk of the court and in others, you may have to file them with the district attorneys office instead. The process can be long and complicated. In some jurisdictions, the judge will determine if you will be granted an expungement by reading the papers that you have filed along with your background check and other reports or opinions from the district attorney. In other jurisdictions, a public hearing is required on your petition, at which time you will be allowed to state your reasons for applying for the expungement. Is It Worth the Effort? The process can be long, complicated and even confusing. It is possible to proceed on your own, but if you can afford it, you might be better off getting an attorney to guide you through the process. The bottom line is, if your DUI was not your only conviction, or if you are still drinking and driving, chances are seeking an expungement would be a waste of time and effort. But if the DUI was your first and only offense and you have truly cleaned up your act, it might be worth your time to clean up your record too. Do You Need a DUI Attorney?