How To Get Your DUI Charge Expunged From Your Criminal Record

26 September 2019
 Categories: , Blog

Share

Having a criminal record that contains a DUI charge from the past can affect your life in several ways. One effect this can have is difficulties trying to get a job that requires travel or the use of a company vehicle. Because of this, you might want to find out if you can get this DUI charge from your past expunged.

What is expungement?

When you have any type of criminal charge on your record, it will be there permanently; however, expungement offers a way to hide the charge from your record. While the charge will technically still be there, it will not be present on your criminal history report. Therefore, expungement is simply the process of getting a criminal charge removed from your criminal history report. If you successfully get this done, the charge will be hidden from view when people see your criminal history report.

What conditions can help you get the charge expunged?

While you are free to request an expungement of any type of crime, you are never guaranteed that the court will approve it. For the expungement to be effective, a judge must agree to it. In order for this to happen, the judge will carefully look at several different factors relating to the request. First, the judge will look at the date. If the charge was from many years ago, there is a better chance he or she will approve it. Secondly, the judge will look at the nature of the crime. If the crime was a minor type of crime that did not hurt anyone, there is a better chance you can get it approved. Finally, the judge will look at the person's criminal record. If this is the only crime listed, the judge would be more likely to approve it compared to a request from a person with dozens of charges in the past.

What steps are involved with this process?

The process of getting a charge expunged begins with visiting a lawyer. The lawyer can tell you what the odds are that you could get this approved. If the odds are high, the lawyer will file a petition with the court asking for a hearing on the matter.

While you are not guaranteed the ability to get a DUI charge expunged from your record, it would not hurt to talk to a lawyer about this. Contact a DUI attorney to learn more about expungement.