When a trooper pulls you off the road for DUI or DWI, details of the arrest will be put on record. The record can stain your reputation and can hinder your future employment. You don’t have to live in the nightmares of your DUI arrest or charge; you can wipe it off and produce a clean slate. States allow this practice to keep a clean background for employment and other legal purposes. A DUI or DWI charge can scare off companies to hire you and that’s why it’s so important to work with an experienced DUI attorney.
Looking at the technical and legal premises of DUI, it is a criminal conviction, making it at same status with theft, physical assault, fraud, and murder. Even so, a DUI with man slaughter is grievous and considered as felony. As a criminal offense, it has negative consequences on getting a mortgage, negotiating a lower loan rate and landing a job.
Expungement of the DWI or DUI conviction can reduce or eliminate the problem mentioned above. Wiping off the DUI charge or conviction and starting a clean driving and criminal record can help you make it good in the future.
Foremost, you need to understand that states have their own traffic and road laws, which cover the expungement of the DUI conviction. As state-specific statutes, you must understand the favorable grounds of your state or jurisdiction. For states that do not allow expungement, the process and power to grant wiping off the record is the sole discretion of the court. The court considers several factors before granting one, including the person’s criminal history and the time gap of the conviction.
Normally, the court will ask you to write an expungement petition. The petition must bear all details such as date of arrest, conviction, and other personal profile information. If you have forgotten the exact details of the case, you may ask the docket or the court file from the court where the case was heard and decided. If you cannot get the file from the court, you can get the rap sheet of the case from the Department of Justice. Find the state code number of the DUI statute in the rap sheet of the case or the docket from the court.
There are other paperworks that you need to fill out and you will be asked to pay filing and processing fees. It is also necessary to provide the prosecutor’s office with the copy of the Motion or the Expungement petition.
The court schedules the day of hearing the motion. You need to personally attend the hearing of the motion to present necessary records. If the judge agrees on the motion, an order for expungement of the DUI conviction will be issued. After the process is done, you can now tell future employers that you were not convicted or arrested of DUI or DWI.
It is recommended to seek the help of a DUI attorney to aid you in cleaning your record. The DUI lawyer knows best how to deal with the matter effectively to secure an expungement order.
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