When a person is convicted of driving while intoxicated, that conviction appears on their criminal record. That record is accessible to the public, which means that it will appear in a background check. To avoid negative consequences, such as being denied an offer of employment, it may be a good idea to get the conviction expunged.
Expunging a Criminal Conviction
In general, having a conviction expunged from one’s criminal record means that it will no longer appear when a background investigation is performed. Usually, expunging a conviction will also make it invisible to police officers.
Expunging a DUI Conviction
State law may prescribe the procedure for expunging a criminal conviction, so it is important to review the applicable statute to ensure that the proper procedure is followed. Expunging a criminal conviction typically involves the following steps:
Step One
Not all states allow individuals to expunge convictions for driving while intoxicated. In some states, such as Oregon, individuals are not allowed to remove an arrest for driving while intoxicated even if it does not result in a conviction. Therefore, the first step to expunging a DUI conviction is finding out whether the state permits such convictions to be expunged. That requires analyzing state law to determine what offenses can be expunged and what offenses cannot.
Step Two
It is important to review the applicable state statute for a list of reasons why an application may be rejected. Disqualifying factors may include recent arrests or convictions, other alcohol or drug-related offenses, or not enough time between the DUI conviction and the date an expungement application is submitted.
Step Three
The next step is applying to expunge the conviction. This typically involves writing a letter to the court or filling out an application specifying the conviction to be removed. Other requirements may include submitting a recent certified copy of the applicant's criminal history, a fingerprint card, and an application fee. The documents are usually submitted directly to the court, but in some jurisdictions may be submitted to the district attorney's office for initial review.
Step Four
Once the application is processed a hearing will be scheduled. The hearing is generally held before a court. At the hearing, the applicant is allowed to testify and may be questioned by the judge. The district attorney is given a chance to oppose the request and may invite witnesses to testify. At the end of the hearing the court will decide whether the conviction will be expunged.
When to Contact an Attorney
Whether a DUI conviction can be expunged depends on a variety of factors and varies from state to state. Thus, it is important to contact a qualified attorney to find out how to expunge a particular DUI conviction.
