DUI Expungement: 5 Key Points
The effects of a DUI arrest and conviction can be long lasting and damaging to your future. Consequences, such as the loss of a driver’s license, fines, jail time and court costs, can quickly add up. This can also affect getting into college and future employment possibilities since it doesn’t disappear from your record. A background check is typical today for good job prospects, and a blemish of a DUI can prevent you from obtaining your dream career. However, there are specific situations where you can take steps to remove the charge.
Expungement occurs when a court takes the appropriate action to erase the conviction of a DUI. If an entity such as an employer or college university reviews the person’s arrest records, the item that was expunged will no longer be visible. This clean slate is a great way to get a fresh start and when a background check is run going forward, agencies will no longer be able to view the DUI conviction. This also allows the arrestee to honestly answer “No” to the part in an application asking if they’ve ever been convicted of a DUI.
For an individual to be even considered for an expungement related to their DUI offense, they must have completed their probation requirements. The laws for drunken driving cases are typically dependent on the state and court laws. The usual probationary period for a DUI offense is between two and five years. When the probation period has ended, and you’ve completed the necessary tasks in the judgment such as fines, insurance and appearing before the victim panel, you can then put in a request to the court and have your case expunged.
How the Crime will Affect Your Expungement
The process for clearing your record can take time, and it’s usually dependent on the extent of the crime that was committed. An individual who was arrested as a first time offender for a DUI and found to be driving erratically on a deserted roadway may have been charged with a misdemeanor crime. However, someone who has been arrested for a more serious DUI crime such as injuries, fatalities and damages may be charged with a felony arrest.
A knowledgeable and experienced attorney will be able to help you seek an expungement for your case. When searching for the right candidate, you should seek out an experienced individual who has worked with this type of issue and has a high rate of winning their cases related to a DUI. Experienced Philadelphia DUI attorney Steve Kellis shares relevant local DUI law information at www.kellislaw.com. It can be used as a resource to aid those interested in this process.
After you’ve selected an attorney to handle your case, you will need documentation that you’ve completed the necessary obligations related to your conviction. A motion will then be filed with the court system. If the motion has been approved by the courts, the expungement order will start with the attorney presenting it to all pertinent agencies that includes the department of motor vehicles, police station and state police. They will then be advised to remove the DUI arrest and conviction.
The process can take up to four months for completion. However, this can be worth the time and effort that you’ve put into it compared to spending the remainder of your life under the darkened cloud of a DUI conviction.
With reformed citizens that deserve a second-chance in mind, J.L. Williams shares these helpful steps for possible DUI expungement. She visited www.kellislaw.com for insightful information regarding DUI law.
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