Get a DUI charge expunged
Edited by Ephraim, Charmed, Eng, Robbi and 4 others
A DUI charge can ruin a person's life when trying to get a job or in some cases go to school to further their education. A DUI charge can be expunged in some cases. The problem is that in many cases it will take a lot of work on your part to do this. Additionally, in some cases it is reversible but not for all, so you may not be successful in your quest.
You will need to qualify in different areas in order to be able to expunge this charge from your record. These steps will help you in order to get the charge expunged as quickly if possible. Some reasons for doing this might be to prevent yourself from suffering the loss of employment options, paying high car insurance rates, or even the eligibility of buying a home.
- 1Understand what getting the DUI expunged will mean to you and your record. Getting the DUI expunged will permanently remove the charge from your record in full. Any evidence of the DUI ever being recorded on your record will be sealed or the paperwork in full will be destroyed. After getting the charge expunged you will never have to tell any employer or anyone that you ever received this charge at all. When it's gone its gone fully you can even put the fact that it was on your record away. Nobody will know about the charge except you for you are the one who received it obviously but there is no record or indicator about the charge what so ever. Any form or application that you fill out from that point on will no longer require you to list your charge any more so getting your record expunged is basically like erasing the data about the charge from your life forever except in your mind. No one will ever need to know of this charge at all for the rest of your life. Even if an application or employer asks if you have ever been convicted you can reply no to this question for even though in reality you were previously convicted that charge is no longer there for reference, so understand these facts about expungement so that you know exactly what you are doing to your previous charge.Advertisement
- 2Be sure to research exactly what the process is in order to start the process for it will differ for every state in the US on how to go about the process of having this law expunged. You will need to visit the areas department of law enforcement where the arrest took place in order to start the process of getting the charge expunged. It is important that you figure out exactly where the arrest took place so that you can contact the necessary law enforcement department to ask them exactly what the steps are, if you do not wish to contact the law enforcement department then you can utilize the internet in order to find out that states exact process in order to start the process of expungement. When figuring out this process you will also need to figure out the exact requirements in order to continue which may be that you would have to complete a probationary period, AA meeting or alcohol abuse classes in order to show that you have committed yourself to fixing your problem. In some states they will grant you an automatic expungement if for instance it was your first offense of this kind.Advertisement
- 3For a DUI you may be required to complete a special class in order to proceed with the expungement classes. In order to speed up the process you can in fact take the rehabilitation classes before even going up for getting your record expunged for it will seem as if you really took your time to correct your issue without reaping any type of reward, then after you have completed your classes wait a little while (if possible) before presenting your case to the courts in order for expungement. When going to court before having the proper rehabilitation you may face being denied for there is no proof that you have been through the proper rehabilitation process regarding this charge so be sure that you read up and research what to do before trying to go any further in the process for being denied the first time may set off a chain reaction of being denied more times in the future unless you take the necessary classes.
- 4Be safe in your environment of being seen publicly doing anything wrong as it refers to drinking. Something that can hurt you in the process of trying get your charge expunged is any type of other legal action against you involving alcohol such as drinking in public, distributing to minors or open container in your vehicle if you have these charges as follow up charges to your incident then it will be very difficult to be approved for you have shown the lack of realizing you issue with the proof of other alcohol related problems. SO in short if you have more than one alcohol related charge on your record it is highly unlikely that you will be able to get your DUI charge expunged or even have your classes fully recognized for you will have had charges since your original conviction. So besides getting the classes out of the way you will need to ensure that before doing so that you do not have any of these violations as explained in this step before going any further into getting your charge expunged.
- 5You will receive paperwork from the law enforcement department of which you had received your conviction in order to start the process of having the courts look into your request to expunge your DUI charge. This application or paperwork will be given by the department either through physically visiting the department or having it mail/faxed to a location where you can pick up the application. But understand that this is not the end for this is just you turning to wheels to get everything set in motion for your charges to be wiped clean. After you have submitted the application turn the application in to the department, understand that they may charge a small fee in order to push this motion for expungement. You will be notified by the person in charge who helped you receive the paperwork from their department. Aside from turning the application into the department also turn these papers into the prosecutors who were against you in receiving your charge when you attended court for the DUI charge. This will be necessary for they will also have their say so on the matter at hand of this motion which will require their assistance as well.
- 6Show up for the hearing against the expungement if one is scheduled for you in order for you to represent yourself in the process. This process may require you to stand before a judge if necessary to get everything done officially in person through the court, the judge will have the ultimate ruling on whether or not he will expunge the charge. In this meeting in the court you will be issued either a order of expungement of the record from the state and also your record. Worst case scenario the judge could also deny your request for expungement but that is unlikely if you have followed all the necessary steps in this article. If you are not required to show up in court then all your paperwork will be processed without your presence by the judge. Once this information is completed you will need to send proof of this information to your employer and also to the law enforcement agency where you reside so that you can be fully acquitted of all suspicion and previous record of this charge in the minds of all law enforcement.
Questions and Answers
Under what article of law can you have a dui expunged to remove the charge from your record?
The request for a DUI to be expunged; its scope, what record can be expunged, the manner in which you can do it would vary depending on your state laws. It's best to consult your local courts to determine the requirements and the cases where you can apply expungement to your record.
There is no article in the Law that specifies this process, getting your DUI expunged is just a simple procedure of going to your court and filing the motion to have it expunged. There is a chance that the motion can be denied because there is no law set it stone that allows all people to get their DUI expunged.
Will I be able to get a job after an expunged dui?
Yes, an expunged DUI record will mean that your records are prevented from being shared, and are hidden from causing any other possible concerns on your job applications or money loans. The record, however will not be considered completely or permanently erased. Law enforcers and court officials will still have a private record of the DUI charges record placed under your name. At the end of the day, even if you do get a job and keep it, when a crisis arrives that calls for the need to evaluate your background, then your expunged DUI record may be made available.
Yes, with the charge no longer on your record it will not be seen by the job making you available for the job. If the charge was effectively expunged you will have nothing to worry about in order to get the job you are seeking.
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Recent edits by: Jmgf, Richelle, Graeme