An arrest for driving under the influence (DUI) is a serious issue with long term consequences. A conviction can prevent an individual from gaining a job, keep them from obtaining an apartment and even make such individuals pay a higher insurance premium. This is why it is important to know the procedure involving an expunge DUI. In fact, a person having a DUI on his/her criminal record should learn how to expunge a DUI, if they want to do something about it. This article provides an overview on expunging DUI.
Some states such as Nevada and New York do not have an expungement process. If you in one of these states, the most you could do is to allow your DUI conviction to be sealed. But a sealed conviction will not be erased from your record, and it could be still accessed by certain people. Illinois is a state that refuses to expunge a DUI. The only way to get your DUI conviction expunged in Illinois is to seek a pardon. The states that allow for DUI expungement requires a certain amount of time to be passed from the date of sentence or the date of completion of probation. You should have a history of no further arrests related to alcohol usage. Most of the states will only expunge the first DUI conviction. You may check whether your state allows for DUI expungement by visiting the DUI Process website.
There are states that allow an individual to proceed alone when applying for expunging a DUI, but some states require that you hire a professional attorney for this purpose. There are so many lawyers who specialize in expungements. They can be accessed through your state’s Bar Association. The first step is to get a copy of your criminal records. Contact the appropriate agency for this purpose. Most probably, you may have to pay a small fee when obtaining these records. The next step is to download the expungement form. It could be downloaded from the court’s website in many states. You have to apply for expungement in the court of the same district that you were prosecuted. Depending on your court, you may have to attach certain documents with the expungement form. A copy of your certified dispositions or rap sheet is mandatory is most cases. The form should tell you which documents are required when submitting it.
You should send a copy to the district attorney who prosecuted you for DUI. If the prosecutor doesn’t object to your expungement, they may sign the form and return it to you. You then have to mail the form to the address provided on it. There is a filing fee involved, which may vary depending on state and jurisdiction. Now, you have to wait for the results. The prosecutor or any other interesting parties such as the victim of the DUI case have a set amount of time to object for your expungement. If there are any objections, the court will probably schedule a hearing, which will be set 30-days after the objection.
The aforementioned article provides an overview of the procedure to expunge a DUI.