Everyone makes mistakes. Unfortunately, some of them have the potential to follow you around like a nasty yipping dog, and the bigger the mistake, the bigger the dog and the longer it yips. Being found guilty of driving under the influence can seem like a death sentence: the expensive fines, raised auto insurance, and the stigma that comes with the conviction. Many people labor under the misapprehension that a DUI will drop off your record after seven years, or, conversely, that it will hang on there forever. Here are some steps you can take to try to clear it from your record for good:
What does your state allow?
Some states don’t even allow DUI expunging, so it is important that you or your lawyer look into the actual rules according to the place where you live or where the DUI occurred. There are also different terminologies that vary from state to state, such as “delete,” “clear,” or “expunction.”
Misdemeanor DUI
This is the simplest variety to wipe from your record. If at least five years have passed since your sentence, and if your record has remained clean, you can hire a DUI attorney who will petition the court to have your DUI cleared. You will have to explain to the court why you want your DUI expunged and how well your efforts to rehabilitate yourself are going. If the DUI disappears, you will be able to legally answer “no” to applications that ask if you have ever been convicted of a DUI.
Felony DUI
Almost everywhere in the country, only misdemeanor DUIs are allowed to be removed from your record, and then usually if it’s your first offense. Felony DUIs, as compared to misdemeanors which are handled in a county court system, are dealt with in the circuit criminal court system, in which case you would most likely have to appeal to the governor for a pardon.
More DUIs
If for, whatever reason, you rack up another DUI, then any that you have expunged from your record will appear there again. And a second DUI has penalties that are significantly harsher than your first.
Things to keep in mind
The best solution is to hire an attorney who specializes in DUI cases. Make sure to ask them how much time must pass before you can attempt to clear your record, keeping in mind that this is not possible in every state. If you are unable to find a DUI attorney, you may attempt to contact the Expungement Assistance Services. You will increase your chances of success if you have kept and maintained all your court records and any interactions you may have had with the Department of Motor Vehicles. You will need to clear your record with them as well. It is in your best interest to do your homework before expending too much time, energy, and money into the process of removing a DUI if, ultimately, it proves impossible. The best way to keep your record clear, however, is to avoid driving under the influence in the first place.
Sarah Danielson is a contributing writer for Orlando DUI Lawyers , a team of dedicated and experienced DUI attorneys based in Orlando, Florida.
