Expungement of DUI/DWI Convictions

If you have been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), you have a criminal record. Contrary to popular belief, the conviction does not go off your criminal record after seven or ten years. The conviction stays on your record for life unless you do something. However, in many cases, a convicted drunk driver can have his or her record expunged.

Expungement of a criminal conviction is the clearing of all records on file within any court, correctional facility, law enforcement agency, or criminal justice agency that deals with a defendant's apprehension, arrest, trial, or disposition of an offense within the criminal justice system by removing, sealing, or destroying the record. However, expunging a record for a DUI offense is not considered a right. Expungement is a privilege that only occurs in specific circumstances if the petitioner files the correct paperwork.

Once your record has been expunged the law permits you to say that the conviction never happened. If you are asked on job applications if you have even been convicted of a criminal offense, you can answer "no." It is the ultimate form of relief for a person convicted of DUI or DWI. Expungement of a DUI or DWI conviction will often open up many more chances for employment that do not exist for individuals with DUI or DWI convictions.

However, not everyone will be entitled to expungement of his or her criminal record. The relief available will depend on the type of conviction, for example whether it was a misdemeanor or a felony; the age of the offender, whether a juvenile or an adult; and the type of sentence received, whether it was probation, a jail sentence, or a prison sentence. In addition, the requirements for expungement relief vary by state. For example, in some states a person cannot have his or her record expunged if he or she has more than one conviction for DUI or DWI. If you have a DUI or DWI conviction that you would like to get expunged, you should contact an experienced criminal law attorney. An experienced attorney can advise you on your state's specific expungement requirements.

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