DUI Expungement

Expunction is also referred to as having your criminal records sealed, set aside, or expunged. This means your record is cleared for when you complete formal applications, such as for jobs or housing, but it can be viewed by anyone working in the judicial system, law enforcement, government, or military. The criteria vary somewhat between states and counties.

Expungement may be denied if the criminal record is extensive, if the crimes were felonies, or if much time has passed since the crime was committed. Expungement may not be available if the state or county in which the arrest was made does not allow this process, or it may be possible to expunge the arrest record but not the conviction record.

If you were convicted of a felony crime you cannot hold public office, vote, and purchase or possess a firearm. If you have served time, you can apply afterwards to have your civil rights restored.

If there is no conviction for this same crime or similar within five years and no charges pending, application for expungement or to have criminal records sealed is allowed.

To apply, request expungement forms from the law enforcement agency responsible for the arrest and pay a fee for them to file the papers with the court. Show identification and provide the date of the arrest and the charges, or a close approximation. The officials procure a copy of the records through the state crime information center.

When you receive it, review your criminal record for accuracy. The records may show arrest and conviction of a crime or that you were arrested but not convicted.

Return the completed forms to the arresting agency, and they will advise you of the next steps to take. Some law enforcement agencies file the forms with the state attorney’s office and others require you to pay to serve the papers on the state attorney.

In either case, someone from the state attorney’s office presents your petition, called an Order of Expungement, before a judge and a determination of your case is made. In some states you are required to attend a hearing before a judge.

You may file an appeal in the superior court of the county in which you were arrested within thirty days if your request is denied.

These complexities and variances between states and counties are the reason that hiring an experienced attorney is the best advice.