While mounting a defense against your recent DUI, you may wonder whether you can clear the strike from your record. While you can wipe the charge away, several factors determine your eligibility.
American Addiction Centers explores the DUI expungement process and qualifying factors. Learn how to put the results of a poor decision behind you.
Understanding expungement
One of the first things to know about DUI expungement is that you can clear the charge from your criminal record, but it stays on your driving record. Even then, DUIs do not remain on driving records forever. In the meantime, ensure that you meet all DUI auto insurance requirements and pay all necessary fines and fees.
Expungement eligibility
To qualify for DUI expungement, you must complete and comply with all your probation requirements. Those who commit DUI-related offenses so severe that a judge forgoes probation and goes straight to prison have low chances of qualifying for expungement. When petitioning for expungement, you cannot have any pending criminal charges.
Petitioning for expungement
When you feel ready to petition for expungement, you must pay filing fees and submit a motion for relief and an affidavit. You must also let the prosecuting attorney know that you desire to expunge your charge.
Expect a judge to look over your petition before determining whether you deserve expungement. You may need a judge’s signature before submitting your petition to the court. Next, you must appear before a judge for your expungement hearing. There, you have the chance to make a case for why you deserve to have the charge wiped from your criminal record. If successful, expungement processing may take six weeks, depending on whether you have a misdemeanor or felony DUI.
