Expunging a DUI Conviction from Your Criminal Record

Depending on where you live, you may be able to clear your criminal record of a DUI conviction.

First of all, the clearing of a crime from your criminal record is called “expungement,” and rules regarding this process vary greatly from state to state. What follows is general information to get you started, but you should consult with an experienced DUI attorney in your area to be sure of your rights regarding expunging your criminal record.

Other possible ways to make your DUI conviction “disappear,” depending on where you live, may be the processes of setting aside the conviction, sealing the record, or receiving a pardon. You may also appeal your sentence and possibly get the conviction overturned, but there are strict time requirements for this, which your DUI attorney should inform you about.

Why would I want to clear my criminal record of a DUI conviction?

There are many reasons why trying to clear your criminal record of a DUI conviction would be a good idea. The main reason for most people is because many employers routinely run criminal background checks on future employees; having a DUI conviction on your record may not reflect well upon you as a job candidate.

Moreover, if you are a renter, future landlords may run criminal background checks, and other places from which you seek financing may also be interested to know whether you have a criminal record. If you have a felony DUI conviction, the repercussions can also include the inability to purchase and keep firearms, to travel to certain foreign countries, and even to vote in United States elections.

Accordingly, if you have the opportunity to expunge a DUI conviction from your criminal record, you should pursue it.

Note: a DUI conviction never disappears from your record automatically after a certain period of time; you must actively pursue an expungement.

What is the process for clearing criminal records of DUI convictions?

If it is permitted in your state, you may be able to expunge a DUI conviction from your criminal record after a certain number of years have passed since your conviction; you usually have to successfully complete a driver’s education and/or alcohol rehabilitation program, but again, this varies by state.

If you are a first-time offender, you have a good chance of getting a DUI conviction expunged from your criminal record if it is permitted in your state; if you have more than one DUI conviction on your criminal record, though, it is less likely that a court will allow you to expunge any of them.
If you would like more information on expungement in your state, contact a local DUI attorney and/or the Department of Motor Vehicles.