Expunge a DUI

A conviction for driving under the influence (DUI) can create long-term difficulties and consequences. A conviction may prevent you from gaining a job, force you to pay higher car insurance premiums, or keep you from obtaining an apartment. If you have a DUI on your criminal record and you want to do something about it, you should know how to expunge a DUI.

Steps

Applying for Expungement

  1. Check if you qualify. Several states, including New York[1] and Nevada,[2] do not have expungement procedures. At most, they will allow a DUI conviction to be sealed. A sealed conviction, however, is not erased from your record and is still available for certain people to access.[2]
    • Some states also refuse to expunge DUI. In Illinois, you can only get a DUI conviction expunged by seeking a pardon.[3]
    • Most states which allow expungement for DUI convictions require that a certain amount of time have passed from either the date of the sentence or the completion of probation. For example, New Hampshire will allow you to apply to expunge a DUI conviction 10 years after the date of your conviction. In Arkansas, you can apply 5 years after you completed your sentence.
    • Other requirements typically include a history of no further alcohol-related convictions or arrests.[4] Also, most states will only expunge a first DUI conviction.
    • To check whether your state allows DUI expungements, visit the DUI Process website for general information on each state’s expungement laws.
  2. Retain a lawyer, if necessary. Some states may allow you to proceed on your own. In Oklahoma, however, the state strongly encourages that you have an attorney.[5]
    • You can find a lawyer who specializes in expungements by visiting your state’s bar association. The state should have a referral program.
  3. Get a copy of your criminal records. You should get either a “rap sheet” of your criminal history or certified disposition records. You should contact the appropriate agency, such as the Attorney General’s Bureau of Criminal Information.[6]
    • You will have to pay to access these records. In Rhode Island you have to pay $5 by check or money order. Call ahead before ordering to ask about the cost.
  4. Obtain the expungement form. In many states you can download the appropriate form from the court’s website. You must apply for expungement in the court for the district in which you were prosecuted.
    • You can get the expungement form by contacting the clerk of court. If you live out of state, then you should call.
    • If you need help getting the form, contact the attorney who handled your DUI conviction. She might be able to point you in the right direction.
    • In states without a form, your attorney will prepare a motion to file with the court.
  5. Fill out the form. The form will ask for basic information. For example, most forms ask for:
    • Your name, date of birth, Social Security Number, and driver’s license number.[7]
    • The name of your attorney.[7]
    • A list of your convictions, including offense, date of arrest, county/municipality of arrest, name of arresting agency, case number, and name of court.[8]
    • Your signature and the date.
  6. Attach necessary documents. Depending on the court, you may have to attach a copy of your rap sheet or certified dispositions. The form should tell you what to attach.
    • In North Carolina you must attach notarized affidavits from at least 2 people attesting to your good moral character. You must also sign a good character affidavit yourself.[9]
    • Attach copies unless the form specifies originals.
  7. Serve the district attorney with a copy. You must send a copy to the district attorney who prosecuted you for the DUI. It is recommended that you call ahead and ask about their preferred method of service.[10]
    • If the prosecutor does not object to the expungement, she will sign the form and return it to you. The prosecutor may also try to find any victims to the crime and notify them that they can object.
  8. File the form. You can file the form with the court or mail it to the address provided on the form.
    • Always keep a copy for your own records. If you need to fill out a form again, you will now have a handy reference guide.
  9. Pay the filing fee. Fees will vary depending on state and jurisdiction. You will pay $175 in North Carolina[10], and $100 in Kansas.[11] In Rhode Island, you don’t have to pay to file, but you will have to pay $100 if you are successfully granted an Expungement Order.[6]
    • If you cannot afford the fee, ask the court clerk if you can apply for an indigent waiver. There should be a form to fill out.
  10. Wait for the results. The prosecutor as well as other interested parties (such as victims) usually have a set amount of time to object. Generally, they have between 30-60 days.
    • If there is an objection, the court will schedule a hearing. The hearing will probably be set 30 days after the objection.

Attending a Hearing

  1. Prepare for the hearing. You may want to retain a lawyer at the hearing stage, who will prep you for the hearing. Even if you do have an attorney, you can prepare by answering the following questions:
    • How do I show that I have the requisite good moral character?[6] Have I participated in community service or volunteer activities? Am I actively involved in my church?
    • Have I done anything since my conviction that would make someone suspicious that I might drive drunk again?
    • Have I been successfully rehabilitated?[6] What proof do I have? For example, have I completed a 12 step program?
  2. Dress appropriately. You want to project a confident, professional image. Your clothing should suggest you have yourself pulled together.
    • You should dress business casual: a dress shirt and pants for men; a blouse and slacks or a skirt for women.
    • Avoid loud jewelry and talking on your cell phone in court.
    • Do not chew gum in the court room or bring a beverage inside.
  3. Answer questions truthfully. Part of conveying good moral character is being honest. Answer questions honestly but also carefully. There is no reason to say too much.

Taking Next Steps

  1. Apply again, if necessary. You may have to wait a specific amount of time before applying again. The timeline should be specified in any communication you received from the court.
  2. Notify agencies of the expungement. The state may tell you that it will notify agencies of the record. Unfortunately, the state may have a backlog or may simply forget. It is better that you reach out to agencies yourself.
    • First, send a copy of the court’s order to the Attorney General’s Office and the arresting police department.[6]
    • Then, contact your state’s Department of Motor Vehicles and tell them about the expungement.
  3. Disclose the DUI when appropriate. In most situations you will never again need to disclose the DUI. For example, when you apply for a job or apply to rent an apartment, you will not need to disclose.
    • However, if you apply for a government job or a professional license then you may need to disclose an expungement. Government employers often ask explicitly about whether you have had a conviction expunged, as will professional licensing boards, such as the attorney bar.
  4. Get mugshots removed from websites. Many websites have sprung up that posts people’s mugshots. To get these removed, you have to contact the website and pay around $200-400.
    • Unfortunately, these websites will sell your mugshot to a sister website, which then will want to charge you $200-400 to remove the mugshot again.[12]
    • Check to see if your mugshot is online. The website Mugshotsonline acts as a clearinghouse for mugshots from around the country. If your mugshot has been posted, contact a lawyer who can aggressively pursue removal of your mugshot.

Tips

  • You can seek a stronger form of expungement called a Certificate of Actual Innocence from your local county court. You can obtain a Certificate of Actual Innocence for two circumstances: first, you were arrested and charged with a DUI, but the charge was later dropped by the police or county lawyer; second, the charge was dropped after you were arrested, charged and tried for driving under the influence. The Certificate of Actual Innocence establishes that you were factually innocent of the DUI offense.
  • Notify the clerk if you move before the case is over.

Warnings

  • The court does check your criminal record for any convictions like misdemeanors and felonies or pending charges before expunging the DUI.
  • You must go to the jurisdiction where the DUI occurred to expunge the DUI. For instance, if you were charged with a DUI in New York, but now live in Boston, you must return to New York to complete the expungement process.

Related Articles

Sources and Citations

  1. ↑ http://lac.org/faqs/
  2. ↑ 2.0 2.1 http://expungementguide.com/Nevada-Expungement.php
  3. ↑ http://xpungechicago.com/lawyer/2015/01/02/Criminal-Record-Clearing/Why-Cant-Drinking-and-Driving-be-Expunged-in-Illinois_bl15964.htm
  4. ↑ http://www.moga.mo.gov/mostatutes/stathtml/57700000541.html
  5. ↑ http://www.ok.gov/osbi/Criminal_History/Criminal_History_Record_Expungement/
  6. ↑ 6.0 6.1 6.2 6.3 6.4 http://www.ripd.org/Documents/Expungement_Guide.pdf
  7. ↑ 7.0 7.1 http://www.nccourts.org/Forms/Documents/1388.pdf
  8. ↑ https://www.courts.mo.gov/file.jsp?id=56341
  9. ↑ http://www.tienfirm.com/can-i-get-a-dwi-dui-expunged-nc/
  10. ↑ 10.0 10.1 http://www.minicklaw.com/the-6-steps-to-get-a-conviction-expunged-in-north-carolina/
  11. ↑ https://www.opkansas.org/city-government/overland-park-municipal-court/a-walk-through-the-court-process/a-walk-through-the-court-process-expungement/
  12. ↑ http://www.michaelrisley.com/oklahoma-expungement-attorney
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