Can a DUI charge be expunged? 50 Answers as of May 14, 2012

It can't be sealed, but it can be expunged as long as that is the only conviction of any kind on his record (including misdemeanors and juvenile adjudications) and it has been at least five years. Seek an attorney that does expungements for more information.

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.

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.

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.

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.

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.

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.

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.

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.

I am sorry to be the one to tell you that there is no expungement in the State of New York.

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.

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.

If he was placed on probation and completed it successfully he can get it expunged.

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.

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.

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.

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.

DWI charges in Minnesota cannot be expunged under statute.

What he needs to do is make an application for a relief from disability.

In Texas, a conviction cannot be sealed or expunged unless you seek a Governor's Pardon. If the case was dismissed outright or through Deferred Adjudication, then you have some options.

No. The law of New Jersey specifically forbids the expungement of a dui.

Not unless the Governor pardons the defendant.

A conviction must be vacated by the trial court but DUIs cannot be vacated.

This relief is not allowed pursuant to the expungement statute for a disposition on a DUI.

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.

Current Kansas law does not permit expungement of DUI convictions.

Yes, It can be expunged. The process takes 4-6 weeks. Call me to begin the process.

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....

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.

It is unlikely that a felony DUI can be expunged. The Department of Public Safety will strongly oppose an expungement action.

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.

If the case ended up with no conviction or probation, and it's been at least two years since the arrest for a misdemeanor, or three years for a felony, he should be able to get an expunction. If he got a conviction, however, (probation or jail time), then it won't qualify for expunction. If it sound like he qualifies, I'd be happy to help with getting the case expunged if he'd like to contact me. I can usually do them in any county with no problem (if there's no question on eligibility, normally courts don't require an actual hearing, and the order can be signed off on by agreement).

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.

New York has no expungement statute except in very limited drug cases.

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.

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.

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.

No. Conviction of a crime in VA, especially a felony, cannot be expunged. Expungement rules vary by state.