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Frederick J. Brynn, P.C.

Drunk Driving Accident Lawyer Washington, DC

You might already know of the immediate consequences a DUI can have on your life, but what you might not understand are the long term repercussions of this offense. As a DUI lawyer might explain to you, one DUI charge can affect your driver’s license, employment options, and insurance rates. If you have any subsequent offenses, all of the related penalties will likely increase. So do you really want to have a DUI on your record; thereby, potentially affected your life in more ways than one? Most likely your answer is “no.”

Some states do allow offenders to expunge their record. If you are eligible to have a DUI expunged, it is very much worth the time, effort, and money to do so.

Being Eligible for a DUI Expungement

Not all states will allow offenders of a DUI to expunge their convictions. For example, both Texas and Mississippi will allow an expungement of many different offenses, but not those that involve, or are related to, a DUI. In other states, whether or not you can expunge a DUI will depend not on the offense, but rather the sentencing. For instance, you may be able to expunge your DUI only if you received and completed a deferred sentence. If this was true, technically you would not actually have been found guilty of the offense. In these same states, if your sentence was suspended, but you were still found guilty of the DUI, you would likely not be able to have your offense expunged.

Which State Will Control Your Ability to Expunge a DUI?

In order to determine whether or not you can expunge your DUI, you will first need to review the laws of the state in which you were convicted. Although every state has its own rules, requirements, and procedures, you will generally have to meet the following:

  • Your DUI should have involved probation or some other type of deferred supervision
  • You have complied with all of your probation requirements
  • You do not have any pending criminal offenses.

If the following apply to you, the chances of expunging a DUI are slim:

  • You were sent to prison because of a DUI
  • You did not complete probation successfully
  • You have recently been charged with another crime

Initiating the Process for a DUI Expungement

If you believe you meet the requirements to have your DUI expunged, you can begin the procedures. This may go something like the following steps:

  1. File a petition with the court to have your DUI expunged
  2. Pay a filing fee
  3. Send a notice to the prosecuting attorney’s office
  4. Wait for the office to file an answer to your request; this could include a contest
  5. Once their time to reply has passed you will then need to schedule a hearing with the court
  6. A judge must make the final ruling. During the hearing you may need to explain why your DUI should be removed from your criminal record.
  7. You will be held to the standard rules of the court; therefore, do have the right to a DUI lawyer. It is recommended that you choose to have a DUI lawyer representing your expungement.

When You Don’t Meet the Requirements

If you don’t think you qualify to have your DUI expunged, you should consult a DUI lawyer who might be able to explore other options. For example, a petition for nondisclosure could be available. In this case, only law enforcement would be able to see the offense. On the other hand, if you were arrested for a DUI, and the case was not filed within the statute of limitations, further options will likely be available.

Take time to speak with a trusted drunk driving accident lawyer Washington, DC relies on to gain a better understanding of whether or not you can expunge your DUI, and what alternative options may be available.

Contact The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and how to get a DUI expunged.

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