Getting A DUI Arrest Expunged (US Law)

by nsauser on June 21, 2012

The consequences for getting arrested and convicted of a DUI are very severe. The resulting impact on the rest of your life can be damaging. A DUI arrest can pop back up when it comes to things like automobile insurance, getting a job if your potential employer runs a background check, or even trying to rent an apartment.  In other words, one foolish incident many years ago can affect you for many years in a very negative way.

Because of this, most states offer the possibility of having a DUI expunged, in other words, sealing that part of your criminal history so that most traditional checks on your background would not show the DUI at all.  That does not mean it is completely erased, however.  Certain law-enforcement agencies such as the FBI would still see it if they were looking at your record and it could also be brought up in court if you were ever arrested again for DUI.

So even though it is not completely gone, it would relieve you of at least some of the more difficult consequences of your DUI conviction.  In most states, you can’t fill out some paperwork or simply ask for a DUI to be expunged. There is a legal process that you need to go through with the court.  That means you would need to hire a lawyer, which is also very expensive, but it would be worth it if you can truly prove that you no longer drive while impaired and that you are now a responsible citizen.  Sometimes states may offer future DUI expungement as an incentive to stop those who are arrested the first time from driving impaired again, stipulating that after a certain amount of time if they have never been arrested again, then the process will be available to them.  Each state’s laws vary so you would need to do some investigating to find out what exactly you need to do, but in most states it is at least an option.

Obviously, the best option is never to drive while intoxicated or impaired so you do not have to worry about it, but if you have in the past and now realize it was a foolish decision, and then you can look into what it would take to get your records expunged.

This Legal Blog Post provided by Arizona Criminal Appeals Lawyer, David Michael Cantor. The Law Offices of David Michael Cantor is an AV rated law firm by Martindale-Hubbell and is located in downtown Phoenix, AZ.

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