How to Get a DUI Expunged
There are several ways that a DUI conviction can be thrown out, or expunged, which is a form of post-conviction relief. There are, however, certain contributing factors that must take place for this to happen, and even then it is still an elaborate situation.
Experienced DUI attorneys are excellent sources to consult with on the question of whether or not a case qualifies for expungement. Most people look to expunge their convictions so they don't have to live with the shame of a DUI conviction on their permanent records.
This can be looked down upon by current and future employers and make for a hard time in a job hunt. On top of this, they can face shame from loved ones including family members and friends, as well as embarrassment.
Expungement will not be granted to offenders that are serving a sentence for a different crime, are still on probation, have a warrant for their arrest, or possess a pending criminal charge. In some cases of offenders serving probation time, a prominent DUI attorney can file a petition to the court asking that the person be dismissed of probation early so they can proceed with expungement or any other post-conviction relief.
Once the criteria have been met for expungement in a case that is eligible, the process can proceed if it is approved. The court will then grant the defendant the right to withdraw their guilty or no contest plea from the case and enter a new plea of not guilty. However, if the case was decided upon by a jury, then the judgment is "set aside" when expunged.
Once this is all completed, the court has to notify the Department of Justice as to the new status of the person in question and make sure that person receives the entire benefits of a dismissal of conviction. The person can now move along with their life without having to worry of the conviction hanging over their shoulders wherever they go (work, school, etc.).
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