Expunge Your DUI

 


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Expunge Your DUI

You can expunge your prior DUI in your state from your criminal record in most circumstances, after you have either been let off from custody or finished your term or probation or post release supervision-whichever came last. You can expunge your DUI but it does not happen automatically, but will only happen if you file a motion with the court, and prove that it is in the best interest of justice to expunge your drinking and driving conviction.

As soon as you expunge your DUI, you need not to talk about the fact that you were arrested or convicted except under specific situations that are given by law. The expunged conviction, unfortunately, will still be attached to your criminal history and YOU if you are ever again convicted of a crime.

If you have never been convicted of a DUI in the past or have never entered into a diversion contract for DUI before, and were not in an accident or car wreck leading to personal injury or death, you may be allowed to join in in a DUI diversion program. Diversion is primarily a contract between the county or city and the person charged with DUI in which the person charged gives up his or her right to a speedy trial and his or her right to a jury trial, in return for an opportunity to avoid a conviction for DUI. Under the diversion agreement.

You must pay a fine; be at an alcohol and drug safety DUI action school or treatment program for assessing alcohol problems, or both; use no alcohol or drugs or binge drinking; and make sure you follow other terms and rules the city or state needs. If at the end of the diversion period-usually one year--you have finished all the rules of the contract, the criminal charge of DUI is then dismissed. If you do not successfully do all that is wanted of you under the contract in order to expunge your DUI, your case will be placed back on the trial docket and the criminal case that is toward you will be reinstated and your trial will be resumed on a more factual basis.