Can a DUI charge be expunged? 52 Answers as of June 25, 2013

My fiancé has a felony charge of driving under the influence on his record. Can he have that sealed and contained or expunged? He is wanting to go to work in Afghanistan.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Each county has a different procedure and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. DUI expungements are discretionary and an attorney could help. He or she would likely seek the route of a formal motion before the court which also could be done much sooner than the administrative way. Costs vary with attorney to attorney. In such things where the lawyer makes a difference you get what you pay for.
Answer Applies to: California
Replied: 5/14/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Under the current law in Michigan, traffic offenses cannot be expunged. However, in certain very limited circumstances, there may be ways to get around that issue. I'd recommend you consult with an attorney.
Answer Applies to: Michigan
Replied: 10/5/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
No the expungment statute specifically excludes any traffic related offenses and this is one. Further the OUIL Felony means he had prior cases and that would preclude ( Except in limited circumstances) expungment.
Answer Applies to: Michigan
Replied: 9/15/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
He may petition to get it expunged if he did not serve time in state prison on the case and has completed all the probation requirements.
Answer Applies to: California
Replied: 9/14/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
If he was over 18, it cannot be sealed, but he can seek a dismissal under Penal Code 1203.4. He has to have not been sentenced to state prison and successfully completed (and be off of) probation. A local criminal defense attorney can help him through the process.
Answer Applies to: California
Replied: 9/14/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Yes it can be dismissed pursuant to PC 1203.4. You need to look at the statute to see if it obtains the relieve you seek.
    Answer Applies to: California
    Replied: 9/14/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    As long as he has completed probation and complied with all the terms of probation, then yes it can be expunged. Here is the process: 1. collect proof that you complied with probation. (Do this by going to probation and asking for their records) 2. Write a motion and file the motion with the court. They will tell you the date the motion will be argued. 3. Write a motion and serve it on the arresting agency, the DA, probation, and the sheriff. Include with the motion a proposed order It can be helpful to include documents that prove that you have rehabilitated yourself. 4. attend the hearing and the judge will rule. If he grants the motion, he will sign the order. Get a copy of the order and mail it to the California Department of Justice. It is important to remember that even if the judge reduces the charge to a misdemeanor and then dismisses the case, you must disclose the conviction to government agencies.
    Answer Applies to: California
    Replied: 9/14/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    Based on the facts that you have provided the answer will depend on a number of factors, i.e., how long ago the incident occurred, whether anyone was injured, etc and an attorney who has been provided with all the facts would be in the best position to advise your fiance.
    Answer Applies to: District of Columbia
    Replied: 9/14/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    I do not believe that a DUI charge can be expunged. However, I think George Bush did get a DUI expunged when he was a kid. But I do not believe Florida law allows it.
    Answer Applies to: Florida
    Replied: 9/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    As long as he has completed probation and am no longer on any probation or parole. Plus, he cannot have any other criminal case(s) pending. If he is eligible, then he needs an attorney to first file a 17b motion to reduce the charge to a misdemeanor. When granted, then the attorney can proceed to a petition for expungement.
    Answer Applies to: California
    Replied: 9/14/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    It depends on the outcome of the case. If he was convicted, then no. If adjudication was withheld, then maybe, depending on if he meets the other eligibility requirements.
    Answer Applies to: Florida
    Replied: 9/14/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon, traffic crimes like DUII are not eligible to be expunged. I don't know why but I suspect it has something to do with the insurance industry.
    Answer Applies to: Oregon
    Replied: 9/14/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I am sorry to be the one to tell you that there is no expungement in the State of New York.
    Answer Applies to: New York
    Replied: 9/14/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Unless he went to prison, he can have it expunged. Not sure that will be of much help as it does not erase the event and conviction and one must tell the government about the conviction.
    Answer Applies to: California
    Replied: 9/14/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    He can get it expunged if it resulted in a dismissal or a not guilty after a trial. Otherwise, he cannot. If he pled guilty then he cannot even seal it. DWIs are not subject to nondisclosure.
    Answer Applies to: Texas
    Replied: 9/14/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is no expungement law in the State of Alabama. There has been an expungement bill pending in the Alabama legislature but it is yet to pass.
    Answer Applies to: Alabama
    Replied: 9/14/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    If he was placed on probation and completed it successfully he can get it expunged.
    Answer Applies to: California
    Replied: 9/14/2011
    Reza Athari & Associates, PLLC | Riana Durrett
    N.R.S. 199.245 is one statute that deals with sealing records. The statute defines the time that has to pass before a convcition can be sealed. For example, a Category A or B felony cannot be sealed until 15 years have passed from the date of actual custoy or discharge from parole or probation, whichever occurs later. Whether or not your fianc can seal his record will depend on exactly what he was convicted for, whether he has other records, including pending records, and other factors. My office regularly deals with record sealing issues and will provide a free consultation on this matter.
    Answer Applies to: Nevada
    Replied: 9/14/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    A felony on its face cannot be expunged. First, a 17(b) motion needs to be filed which reduces the felony to a misdemeanor. Then and only then can the misdemeanor be dismissed via a 1203.4 motion. You should begin this process after all the terms of probation have been successfully completed.
    Answer Applies to: California
    Replied: 9/14/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You state that the DUI is a felony charge. In most instances a DUI is a gross misdemeanor, which is below a felony. If the charge is truly a felony then something very serious happened (personal injury or other companion charges). Without more info, I would say the answer is NO.
    Answer Applies to: Washington
    Replied: 9/14/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    People with DUI's are prone to get drunk frequently. Also this guy has terrible judgment. Why does he want to go to Afghanistan? Anyhow, if he is your fiance, get him to make a will before he goes to Afghanistan leaving it all toyou. You can send me some as thanks for this invaluable advice. NO, there is no way to expunge a DUI.
    Answer Applies to: California
    Replied: 9/14/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    No. The law of New Jersey specifically forbids the expungement of a dui.
    Answer Applies to: New Jersey
    Replied: 9/14/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    What he needs to do is make an application for a relief from disability.
    Answer Applies to: New York
    Replied: 9/14/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In the state of Illinois, you cannot get a DUI expunged from your record, unless the case was dismissed after a trial, or the charges were dropped. The reason is that as a person gets arrested for additional DUIs, the penalties are enhanced.
    Answer Applies to: Illinois
    Replied: 9/14/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Current Kansas law does not permit expungement of DUI convictions.
    Answer Applies to: Kansas
    Replied: 9/14/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    Yes, It can be expunged. The process takes 4-6 weeks. Call me to begin the process.
    Answer Applies to: California
    Replied: 9/14/2011
    The Law Offices of Michael S. Berg
    The Law Offices of Michael S. Berg | Michael Berg
    Absolutely you can expunge a DUI, just like any other criminal conviction you might have. Would be happy to help you out, as we do this routinely for clients. Good luck....
    Answer Applies to: California
    Replied: 9/14/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    A DUI is not subject to expungement or "setting aside" - that is why it is critical to unturn every stone in a DUI case before deciding whether to plead.
    Answer Applies to: Michigan
    Replied: 9/14/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It is unlikely that a felony DUI can be expunged. The Department of Public Safety will strongly oppose an expungement action.
    Answer Applies to: Minnesota
    Replied: 9/14/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    He can have ti expunged if it got dismissed or he was no billed, or found not guilty. DWI/DUI can never eb sealed because deferred adjudication probation is not an option for DWI/DUI.
    Answer Applies to: Texas
    Replied: 9/14/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    New York has no expungement statute except in very limited drug cases.
    Answer Applies to: New York
    Replied: 9/28/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    DUIs cannot be vacated. And if this truly a "felony" DUI, then it means he has at least 3 prior DUIs, so vacating that one (there is no "expungement" in Washington) won't really do much. If the charge was reduced to something other than a DUI, typically either a Negligent Driving 1st Degree or Reckless Driving, then it would be eligible for vacation.
    Answer Applies to: Washington
    Replied: 9/14/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Possibly, but not likely. It would have to be at least 10 years old by now and has to go to the Governors select committee.
    Answer Applies to: Maine
    Replied: 9/14/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Colorado does not have felony DUI charges so not sure what state the felony DUI is from, but that state would have to be the place that answered that question. In Colorado DUIs cannot be sealed unless they are completely dismissed.
    Answer Applies to: Colorado
    Replied: 10/3/2011
    Law Offices of Aaron T. Hicks
    Law Offices of Aaron T. Hicks | Aaron Hicks
    Yes, a DUI charge can be expunged. In California, he should first ask the court to reduce it to a misdemeanor first, then after that is approved, petition the court for an expungement. Be aware that in CA, the conviction will never be completely erased from his record. If expungement is granted, the guilty verdict or plea is withdrawn, a not guilty plea is entered and then it will show that it was dismissed. He will still be required to report it in certain circumstances, such as applying for an employment license through the state, etc. Contact a local attorney to help with this.
    Answer Applies to: California
    Replied: 9/14/2011
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