Can A DUI Be Expunged?

If you are having a problem with a background check as you are applying for a job or trying to obtain a license, one reason you may face difficulties is that you have been accused of committing a crime. Your criminal record is available to everyone unless you have your records expunged. Fortunately, a DUI lawyer may be able to help if the reason for your difficulties is because of a DUI.

The Process of Expunging a DUI Record

Whether or not you may expunge a DUI record depends on the state in which you live. Each state has its own process. The best way to get started is to speak with an attorney who can give you advice and help you save time. For example, you may only be allowed to have a DUI expunged once. Likewise, you may have pending criminal charges you must clear up before your records are expunged. As such, you must have fully completed the terms of your sentence. You must also have not been convicted of another crime since you were convicted of the DUI.

You may be able to download an expungement form from an official website from your state. You may also contact the clerk of court. Also, your attorney may be able to help you obtain a form. You can use the same attorney who helped you with your conviction.

Fighting Your DUI

If your goal is to have your DUI expunged, you'll want to make sure that your charges are reduced if you are not able to dismiss them. If you receive a felony DUI, for example, you are much less likely to be able to have your records expunged. To determine if you have a good chance of expunging your records, you'll want to obtain a copy of your criminal records. These records can help you and your attorney determine the likelihood that your records can be expunged.

The best option is to have your DUI charges dismissed in the first place. In some states, you are not even allowed to have your DUI expunged. An attorney may be able to negotiate with the prosecutor for you to plea to a lesser charge that could then be expunged in the future. 

Negligent driving is one lesser charge. Another lesser charge you may plead down to is reckless driving. Both of these can be expunged in a larger number of states. You may also face a smaller fine and a shorter jail sentence. Then, you'll be able to minimize the consequences of having a previous DUI charge. Contact a DUI attorney for more information. 


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