When it comes to DUI charges, there is a lot of misinformation out there. One of the most common questions we get at our office is "How often are DUI charges expunged?" The answer may surprise you.
In this blog post, we will dispel some of the myths surrounding DUI charges and explain when and how they can be expunged from your record.
DUI and Expungement?
DUI means "driving under the influence." DUI charges are typically given when a person is pulled over and arrested for driving with a blood alcohol content (BAC) that is over the legal limit. The influence of alcohol has been proven to impair one's ability to operate a motor vehicle safely. For example, intoxication by alcohol can lead to reckless driving which is a serious offense that can result in a felony conviction.
In most states, the legal limit is .08%. However, some states have lower limits for commercial drivers and drivers under the age of 21.
DUI charges can also be given for driving while under the influence of drugs, regardless of whether the drugs are legal or illegal.
DUI charges are serious criminal offenses that can lead to jail time, fines, and a loss of driving privileges. In some states, a DUI charge can also lead to an automatic driver's license suspension.
A DUI charge can stay on your criminal record for years, making it difficult to find gainful employment, housing, or obtain a professional license. In some states, you may be able to have your DUI charge expunged, which means it will no longer appear on your criminal record.
Expungement is a legal process that allows you to have a criminal charge removed from your record. Once a charge is expunged, it will no longer appear on your criminal record or background check. This can be beneficial if you are trying to obtain employment, housing, or a professional license.
Can I Clear a DUI From My Record?
The first step in getting a DUI charge expunged from your public record is to file a petition with the court. You will need to include information about the charge, your criminal history, and why you believe the charge should be expunged.
Once the petition is filed, a judge will review it and decide whether or not to grant the expungement. If the judge grants the expungement, the DUI charge will be removed from your criminal record.
It is important to note that even if you are granted an expungement, the DUI charge will still appear on your driving record.
What Are the Requirements For Getting a DUI Charge Expunged?
Each state has different requirements for expunging a DUI charge from your record. In general, however, there are a few requirements that are typically necessary in order to be eligible for an expungement.
First, you will need to wait a certain amount of time after the conviction before you can file for an expungement. This waiting period is usually a few years.
Second, you will need to complete your sentence, which may include community service, probation, and/or attending DUI education classes.
Third, you will need to have a clean criminal record since your DUI conviction. This means that you cannot have any other criminal convictions on your record for life.
Can I Get a DUI Expunged if I Was Not Convicted?
It is possible to get a DUI expunged even if you were not convicted of the charge. This is known as an “in absentia” expungement.
In order to be eligible for an in absentia expungement, you must meet the following requirements:
- The charges against you must have been dismissed
- You must not have been convicted of any other crimes since the dismissal of the charges
- You must not be currently facing any other criminal charges
If you meet all of the requirements listed above, you can file a petition for an in absentia expungement with the court.
What Are the Benefits of Getting a DUI Charge Expunged?
There are a few benefits of getting a DUI charge expunged from your record. First, it will make it more difficult for potential employers and landlords to find out about the charge. Second, it can help you obtain a professional license that you would not be able to obtain with a DUI on your record.
What DUI Cases Are Able to Be Expunged?
Not all DUI charges are eligible for expungement. The following types of DUI cases are typically not eligible for expungement:
- DUI cases that resulted in a conviction
- DUI cases where you pled guilty or no contest
- DUI cases where you completed a diversion program
- DUI cases where you were granted probation before judgment (PBJ)
If you have a DUI charge on your record that is not eligible for expungement, you may still be able to get the charge sealed. Sealing a DUI charge is different from expunging the charge and has different requirements and benefits.
How Do I Request Expungement?
If you want to expunge a DUI charge from your record, you will need to file a petition with the court. You can usually find the forms you need to do this at your local courthouse or online.
When you file the petition, you will need to include information about the DUI charge, your criminal history, and why you believe the charge should be expunged.
You will also need to pay a filing fee. Once the petition is filed, a judge will review it and decide whether or not to grant the expungement.
If the judge grants the expungement, the DUI charge will be removed from your criminal record.
It is important to note that even if you are granted an expungement, the DUI charge will still appear on your driving record.
How Often Can DUI Convictions Be Erased?
It is difficult to say how often DUI cases are expunged because the laws vary from state to state. In some states, it is very difficult to get a DUI expunged. In other states, it is relatively easy.
If you are considering trying to get your DUI charge expunged, you should talk to a criminal defense attorney in your state to find out what the laws are and whether or not you are eligible. Such an experienced lawyer can give sound legal advice before or during the expungement process.
Can This Help Me Get My Driver's License Reinstated?
If your driver's license was suspended or revoked as a result of your DUI conviction, getting the conviction expunged will not automatically reinstate your license. You will need to go through the process of applying for a new license and completing any requirements (such as ignition interlock) that may be required.
This process is different in every state, so you will need to check with your local DMV to find out what steps you need to take.
Expungement Cost
The cost of getting a DUI expunged varies from state to state. In some states, there is no fee to file the petition for expungement. In other states, the expungement fee can be as much as $300 depending on the expungement practice.
In addition to the filing fee, you may also need to pay for things like a criminal background check and certified copies of your criminal record.
Final Thoughts
While it is possible to get a DUI charge expunged from your record, it is important to understand that the process is not always easy. The laws vary from state to state and in Illinois, it is very difficult to get a DUI charge expunged.
Consequently, If you have been charged with DUI, or think you may be charged with DUI, it is important to talk to an experienced criminal defense lawyer about your options. At DUI Lawyers 24/7, we are experienced in handling DUI cases and can help you understand the process and what to expect. Contact us today to schedule a consultation at (847) 999-7616.