If convicted with DUI, it is very important that you expunge your DUI records to become eligible for getting a job and doing some other legal things like getting loans, houses etc. Expungement is the process of removing your DUI records. A petition has to be sent to the court to get your records expunged. There are separate laws for every state when it comes to expungement, but here are some of the general things that you should know before going forward.
Where to petition for clearing your records?
The most superior courts are to be petitioned in the country or state where the DUI arrest had taken place.
When will your request be denied?
There are some grounds on which your petition will be ignored. These include:
- If you have not completed the probation period.
- The reason that you have given for expunging is not good enough.
- You have committed and are convicted of severe felony.
- Your arrest or conviction happened long time ago.
When will be the petition accepted?
- Cases that involve only conviction and no proof are expunged easily, if the reason is good enough.
- The person in question has spent no time in the state prison.
- Proper rehabilitation and change in the way of living has been done.
How to go about with the process of filing for expungement?
The first question that may have popped at the forefront of your mind at this point of time may be do I need a lawyer? The answer to this will be that it is not a necessity to have a lawyer, but if you could afford hiring one, definitely go ahead as the whole process involves a lot of paperwork and having a qualified person by your side will get you proper advice on how to move forward. Next comes the duration for the whole process to get over. The whole process takes a total of 4 to 6 months under normal circumstances.
What is the filling fee and procedure?
The filling fee varies from state to state and also on the type of case that you are putting forward. The clerk will give you the expungement petition and the proof of service form. The process will then begin and all involved departments will then be contacted for information.
The whole process may end positively or negatively. If you win your case then you will get a 60 day period to check if your record is removed. After 60 days the record will be sealed shut. In case of loss you can go about the whole process again.