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The article has been updated successfully but requires approval before it is published.How can I have a DUI felony expunged?
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Expungement law, sometimes known as sealing law, is complicated and varies from state to state. Generally, expungement refers to the process of removing or erasing a conviction from a criminal record. The most common reason for seeking a DUI expungement is to be able to pass a background check when looking for new employment. Even in fields that don't involve driving as a part of the daily job duties, companies are starting to check applicant job records. If your DUI lawyer can get your conviction expunged, you will not have to answer "yes" on a job application when asked if you've been convicted of a felony (including a DUI felony).
DUI expungement doesn't work in every case, however. Drunk driving convictions are often considered a priorable crime. This means that if your first DUI conviction is expunged and you are arrested again for another DUI, it will be prosecuted as a second offense DUI. You will get all of the enhanced punishments and penalties of a second offense, regardless of the expungement of your first DUI.
DUI laws are complicated; your best bet is to find the help you'll need through an experienced DUI lawyer.
| State Allows Expungement | ||
|---|---|---|
| Alabama | ||
| Alaska | ||
| Arizona | ||
| Arkansas | ||
| California | x | Applicant must fulfill all conditions of DUI sentence prior to filing for an expungement. |
| Colorado | x | The option is only available if DUI occurred when under 21 and there are no other convictions to be expunged. |
| Connecticut | x | Upon successful completion of the program, the charges may be dismissed. |
| Delaware | x | Expungement of arrest and court records is allowed only when the underlying charge has been terminated through an acquittal or dismissal. |
| Florida | x | Expungement is not allowed if the defendant is charged with DUI manslaughter. |
| Georgia | x | It is only possible to expunge an arrest record if you have no other criminal charges pending against you and you have not been convicted of the same or an analogous crime in the last five years. |
| Hawaii | ||
| Idaho | ||
| Illinois | ||
| Indiana | x | Conviction records can be sealed if 15 years passed since the date of discharge from probation or imprisonment or parole from the last conviction for a crime. Under current law, individual may request expungement only if the case has been reversed or dismissed. |
| Iowa | ||
| Kansas | ||
| Kentucky | ||
| Louisiana | ||
| Maine | ||
| Maryland | x | Expungement is allowed when a defendant has their case dismissed, or if a judge or jury acquits them. It is a civil proceeding filed in the county in which the alleged offense occurred. |
| Massachusetts | ||
| Michigan | x | If you feel your record should be suppressed, contact the court of conviction. Decisions are made on a case by case basis. |
| Minnesota | ||
| Mississippi | ||
| Missouri | x | Expungement is only available to those first time offenders without any prior DUIs. |
| Montana | ||
| Nebraska | ||
| Nevada | x | Only non-felony DUI can be expunged. |
| New Hampshire | x | If you were convicted in 01/02 or earlier, the wait time is seven years. From 02/03 to present, the wait time is 10 years for expungement. |
| New Jersey | x | All expungements are misdemeanors. |
| New Mexico | ||
| New York | ||
| North Carolina | x | An individual who is found not guilty or who has a criminal charge dismissed may apply to have the charges against him or her expunged from the official public records. |
| North Dakota | ||
| Ohio | ||
| Oklahoma | ||
| Oregon | A DUI or OVI conviction also prevents any other convictions from ever being expunged from a person's criminal record. | |
| Pennsylvania | x | PennDOT will automatically expunge records after 10 years, providing a person's operating privileges were not revoked as a habitual offender and/or the person was not a commercial driver at the time of the violation. |
| Rhode Island | ||
| South Carolina | ||
| South Dakota | x | Different counties have different laws, you will need a DUI lawyer's assistance preparing your case for expungement. |
| Tennessee | ||
| Texas | ||
| Utah | x | To be eligible for expungement, you must wait 10 years and it can't be a DUI felony conviction. |
| Vermont | ||
| Virginia | x | Expungement is possible only if the criminal charges against you were dropped, you were acquitted, or you received an absolute pardon. |
| Washington | ||
| West Virginia | ||
| Wisconsin | ||
| Wyoming | ||
| Washington DC |
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