Explaining DUI Expungements

Explaining DUI Expungements

The legal process of expunction allows you to hide the DUI mark on your record from anyone other than a court representative. Also commonly referred to as "sealing," a DUI expungement essentially seals your record. As a result, it removes the possibility of anyone being able to view your drinking and driving offense. Your charge will not actually disappear; rather, it will remain on record in the court system. However, any individual or company that may be searching your background and criminal history will be unable to view the mark on your record. For all intents and purposes it is as good as having a clean record.

Not everyone is eligible for expungement; only cases that are not sentenced to a term in state prison will be allowed to seal a criminal offense. Fortunately, cases of DUI fall into the category of record sealing eligibility. An application is required to petition for your right to expunge a DUI from your record and the process is no easy feat. Therefore, it is best done with the legal assistance of an experienced attorney who can ensure that the legal process is attended to correctly. In order to successfully be granted expungement you will be expected to have fulfilled your probation conditions to the fullest extent. Any fines that you may owe need to be paid off, any community services hours you were committed to do need to be completed and any alcohol programs that you were assigned to need to be finished before the relief of an expunction will even be considered.

Being convicted of driving while under the influence can happen after having only one or two drinks, but the social stigma that is attached to a DUI charge does not make exceptions for the number of drinks you had or the circumstances that led to your arrest and conviction. Whether you feel that you were falsely charged or you simply misjudged your limits, a drunk driving charge has the potential to follow you for the rest of your life. Fortunately, expunction is a form of legal relief for the matter.

The expungement process will effectively set aside the judgment that was made against you. A new "not guilty" judgment will be entered, your conviction will be set aside and the complaint that was made against you will be dismissed. In essence, it will be as if the DUI charge never existed. You will not be obligated to disclose the DUI conviction on job applications or business interviews because the seal prevents future employees from ever seeing the mark on your record.

This is the best form of post-conviction relief that anyone who has been charged with a DUI could possibly find. The potential benefits of officially sealing your record and removing the possibility of someone else discovering the mark can be extremely freeing. However, the rewards of a DUI expungement do not come without a cost. The process is pricey and must be fulfilled strictly according to the legal procedure. Therefore, it should only be handled by a DUI expungement lawyer who knows how to properly proceed with the paperwork and application process. For those who never imagined that their futures would hold a drinking and driving offense, this is the perfect way to repeal the unfortunate circumstance.