Driving while intoxicated with substances or alcohol is a serious criminal offense that involves a criminal record and problematic statutory consequences. For instance, criminal convictions can limit your ability to regain your driving privileges, immigrate, attain child custody, find employment, and other issues which can negatively ruin your life. Luckily, most nations worldwide enable convicted offenders to clear their driving records through an expungement process. Continue to read this guide to find out about this process.
What is expungement?
It is a legal process that allows for the removal of a criminal conviction from the criminal history of a person. When a victim receives an expungement, the jury issues a court order, and the criminal justice agencies can remove a conviction or arrest warranty from their records. That includes deleting criminal data from police records, court dockets, and public records so that it cannot appear when a school, landlord, or employer undertakes a criminal background check during the application or hiring process.
Eligibility criteria for DUI expungement
No criminal record: The defendant is expected not to have pending criminal cases when they request expunging of DUI criminal records.
Complied with the required DUI probation: The defendant should have complied with the probationary requirement to qualify for expungement. However, if you violate the probation terms, you can minimize the chances of clearing your driving record from DUI cases.
Probationary component: Receiving a probationary aspect might imply that the victim did not commit a serious incident. However, if the defendant did not receive probation, it might imply that he committed a serious DUI such that the court decided to issue a punishment of serving at a state prison.
Non-disclosure
If you do not meet the qualifications for expungement, you can contact a certified DUI lawyer specializing in your specific case. The attorney can find a legal option that offers similar impacts to that of expungement. For instance, a lawyer can help you to file for a non-disclosure DUI. Below are some of the aspects you know when petitioning for DUI non-disclosure.
- If, after examination by doctors, you have a more blood alcohol contentof more than 0.15 percent, you will have limited chances of receiving approval for DUI non-disclosure.
- First-time offenders have a high chance of winning their non-disclosure petitions for DUI cases.
- Your DUI offense will remain on your criminal record but only appear when you conduct an in-depth criminal background check.
- After examining your driving record, private agencies such as your potential landlord or employer cannot see your DUI conviction.
Limits of expungements
It is ideal to apply for expungement if you meet the required criteria. However, this process might not free you from the effects of a criminal conviction.
In most nations, the DUI penalties are related to the number of previous convictions that the offender committed. In particular, the penalty severity of the offender increases as they continue to commit more offenses. Also, an expunged DUI conviction will still count when the victim commits another crime.
Certain employers might have the authority to access expunged criminal records of their potential job applications. For instance, when you apply for a government job or a position that entails working with special-needs people or children, expunged convictions can be visible to the associated agency. Further, professional licensing boards, especially for medical and legal professions, can access expunged convictions.
Some states offer expungements for numerous offenses but avoid DUI convictions due to their nature. Research indicates that states can prevent expungement of DUI based on the kind of sentence the victim received instead of the nature of their offense. However, hiring a local DUI defense lawyer would be the best source of information on your country’s rules regarding expungement. Therefore, if you have a DUI conviction, you can look for a certified DUI attorney to direct you towards the right path as you purpose to clean your driving record.
