How can I get a DUI erased from my record? 44 Answers as of June 21, 2011

I received a DUI, and I want it to be removed from my record. What can be done to have it removed from my record?

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
In Michigan, you cannot get a DUI erased. It may be different in other states, but you would have to check with local counsel.
Answer Applies to: Michigan
Replied: 6/20/2011
The Law Office of Rosanne Faul
The Law Office of Rosanne Faul | Rosanne Faul
If you are in California you are entitled to an expungement if your probation has expired.
Answer Applies to: California
Replied: 6/20/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There is no expungement law in the State of Alabama. A record for a DUI is a permanent record. There has, in the past, been an expungement bill pending in the Alabama legislature but is yet to be passed.
Answer Applies to: Alabama
Replied: 6/17/2011
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Depending on the law of the jurisdiction you are located in the successful completion of a alcohol safety program or court ordered community service can result in the dismissal of the charges and an attorney may be able to assist you in search for such a program.
Answer Applies to: District of Columbia
Replied: 6/17/2011
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
If you are found not guilty of the charge, or it is dismissed before trial, you can get an expungement. However, in Illinois, if you get ANY kind of sentence, it is not expungeable. If you get a sentence of supervision, it is kept as a record for law enforcement agencies and the courts, not for insurance companies or prospective employers, as it is not a conviction, if completed successfully.
Answer Applies to: Illinois
Replied: 6/17/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Sorry, but if you live in NY, almost nothing can be done to "erase" a criminal conviction from your record.There is one way it can be done - if you have not criminal arrests or convictions for at least ten years and that is to make a motion to the court that originally convicted you and ask that the record be expunged. It apparently has been done, but I haven't seen it done yet, but it's worth a try. Good luck.
    Answer Applies to: New York
    Replied: 6/17/2011
    Lowenstein Law Office
    Lowenstein Law Office | Anthony Lowenstein
    You need an expungement - Clearing your Record - What is an Expungement? An Expungement essentially clears your record, by having your conviction set aside and the case dismissed. An expungement is better than a pardon; it is a complete reversal of a conviction. To use an analogy, an Expungement is to a Conviction as an Annulment is to a Marriage. So whereas a Divorce acknowledges a prior Marriage's existence and dissolves it, an Annulment reverses the Marriage, by declaring that the Marriage never validly occurred. Likewise, an Expungement reverses a conviction and declares that the conviction never occurred. The upshot of this is that, your criminal record will not be visible to the private sector and when asked if you have ever been convicted of a crime, you can honestly answer No (with the exception of applications to the Government for licensure). Why do you want your record cleared? The most frequent case is when you are in the process of filling out a job application and eventually come across the dreaded question; "Have you ever been convicted of a crime?" Perhaps a few years back, in your past life, you did something that was against the law during a temporary lapse in better judgment. Whatever the mistake, it resulted in a criminal conviction, a mis-demeanor or even worse, a felony. Going back to the dreaded question, you must decide whether to answer that statement truthfully (which you should always do) or not. You are damned if you do and damned if you don't. If you answer truthfully, you may be denied the job. If you lie and the prospective employer dis-covers the conviction, you definitely will not get the job. Even worse, if the application has lan-guage to the effect of "signed under the penalty of perjury", you could face potential criminal perjury charges. Wouldn't it be nice to answer that same question "NO?" If you have your conviction expunged, you can. Most criminal convictions can be expunged. The exceptions are some serious and/or violent felonies. In order to qual-ify for an Expungement, the applicant must have been granted probation and successfully completed the Proba-tion term, including having paid all fines, and completing any community service, or court-ordered counseling, etc. Sometimes, you can even end Probation early. After you have completed one half your term of Probation, you can make an application to the court for an Early Termination of Probation by showing special factors why further Probation is not warranted. If your Probation is terminated, you may immediately apply for an Expungement. The primary benefit of having a conviction expunged is for the job application scenario presented above. However, there are situations where you are still required to disclose even "expunged" convictions. These situations include, applying for a government job at a state, federal or local agency or applications for a state or federal licenses such as a doctor, attorney, accountant, etc. Even though the conviction must still be reported in these circum-stances, it still looks much better that the conviction has been expunged, rather than having done nothing. Most people desire an expungement for employment purposes, where it will almost always be of some benefit. When in doubt, go for the expungement of your conviction, and give yourself a clean slate. For more information, please see my website.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Once you have successfully completed probation, you may request an expungement. This effectively cleans your record for most purposes other than if you get arrested again and few other exceptions.
    Answer Applies to: California
    Replied: 6/17/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    In WA you can expunge a misdemeanor, such as a DUI, after a period of time, I believe it is three years for a misdemeanor.
    Answer Applies to: Washington
    Replied: 6/16/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    You would have to consult with an attorney privately and learn whether you could potentially expunge the offense from your record. In Michigan, convictions for DUI's, OUI's OUIL's and charges involving vehicles and alcohol are usually classified as "traffic offenses" and cannot be currently expunged. However, your particular state may have different laws. I would recommend consulting with an attorney in your particular state. Most attorneys provide free initial consultations.
    Answer Applies to: Michigan
    Replied: 6/16/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    In Montana you cannot expunge criminal charges/convictions from your record which includes a DUI.
    Answer Applies to: Montana
    Replied: 6/16/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should hire an attorney to make an application to try to expunge the record.
    Answer Applies to: New York
    Replied: 6/16/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Each state may have differing laws concerning expunging a DUI. Currently Kansas law prohibits the expungement of a DUI. You Should consult with an experienced attorney to be sure of your specific situation.
    Answer Applies to: Kansas
    Replied: 6/16/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    After successful completion of probation, you can petition the court to expunge your DUI conviction pursuant to Penal Code Section 1203.4.
    Answer Applies to: California
    Replied: 6/16/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You dont. Records are forever. However, many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    The DMV will remove it automatically after 10 years. The Cal Dept. of Justice will not ever remove it from your criminal record except under very limited situations. You should consult an experienced lawyer to find out whether it's feasible in your case. It is possible to get it expunged after probation ends. However that doesn't take it off the record.
    Answer Applies to: California
    Replied: 6/16/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    A DUI conviction cannot be erased from one's record unless it was a deferred judgment.
    Answer Applies to: Colorado
    Replied: 6/16/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You can't, at least in Michigan.
    Answer Applies to: Michigan
    Replied: 6/16/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    The process of having an item removed from your criminal record is referred to as an expungement in Louisiana. This is a court proceeding which involves the filing of multiple documents and potentially some hearings. For this reason, it is advisable to have an attorney assist you in the filing of an expungement. Our firm handles a large number of expungements in Louisiana and would be glad to discuss your options with you. If you are interested in filing an expungement in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/16/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    In WA its pretty much impossible to have a DUI taken off your record.
    Answer Applies to: Washington
    Replied: 6/16/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Never in Florida.
    Answer Applies to: Florida
    Replied: 6/15/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Under New York Law you cannot.
    Answer Applies to: New York
    Replied: 6/15/2011
    Allan & Summary
    Allan & Summary | Justin Summary
    You must wait 10 years from the date of the judgment on your DWI, you cannot have any other alcohol related driving offenses in that 10 years since your DWI and you must not have a commercial driver's license.
    Answer Applies to: Missouri
    Replied: 6/15/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You cannot seal or expunge a DUI conviction in Colorado.
    Answer Applies to: Colorado
    Replied: 6/15/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    I don't believe you can remove a DUI from your record. DUI's are an exception to the expungement rules.
    Answer Applies to: Michigan
    Replied: 6/15/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You are prohibited from expunging a DUI.
    Answer Applies to: Michigan
    Replied: 6/15/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    In Mobile AL, not much. The days are gone when we used to be able to have records expunged. You could apply for a pardon. See the website for Alabama board of pardons and paroles. Stay well.
    Answer Applies to: Alabama
    Replied: 6/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I get asked this question a hundred times a month. There is no way to have a criminal record expunged, erased, or removed from the NYSID computer that the police use or the records that employers use. If it was illegal or improper in some way you could make a 440.10 motion to vacate the conviction, but it will still show up on your record and if vacated you will have to handle the case from the start. In that event you might have it dismissed and you would no longer have a conviction, but the arrest will still be on the computer. Nothing is ever removed from the computer records in New York.
    Answer Applies to: New York
    Replied: 6/15/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    If you haven't been convicted and haven't entered diversion, then you can have it removed from your record if you win at trial. If you've been convicted or entered diversion, then you can appeal or seek post-conviction relief. Unless you successfully attack and undo the conviction, it will stay on your record forever. Traffic offenses cannot be expunged.
    Answer Applies to: Oregon
    Replied: 6/15/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It will stay on the DMV records for 10 years nothing can change that. You can file a 1203.4 motion after you are off probation to have the case appear dismissed on your RAP sheet.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Cannot be erased. Always stays part of your DMV and criminal rap sheet.
    Answer Applies to: California
    Replied: 6/15/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You are eligible to apply to have it expunged as long as you have no other misdemeanors or felonies on your record and it has been at least five years since the date of the conviction. You can either apply yourself or you can hire a lawyer to do it for you.
    Answer Applies to: Michigan
    Replied: 6/15/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    In Colorado, a DUI conviction cannot be sealed.
    Answer Applies to: Colorado
    Replied: 6/15/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    It depends on the final disposition. If the court dismisses the case, you can petition for immediate removal. If the case is nolled, you must wait at least 13 months. A conviction is a minimum of 7 years
    Answer Applies to: Connecticut
    Replied: 6/15/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    In most states, if you have a conviction, the case / charge / conviction cannot be removed from your record. You should call a local lawyer to determine if the case can be removed in your jurisdiction.
    Answer Applies to: Texas
    Replied: 6/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I can only speak to Washington State convictions but in Washington, DUIs are forever. You will need to consult with an attorney in the state where you were convicted for a complete answer.
    Answer Applies to: Washington
    Replied: 6/15/2011
    The English Law Firm
    The English Law Firm | Robert English
    Most misdemeanor offenses can be expunged if you have completed probation. With a DUI, however, since the penalties increase with prior offenses, the expungement would not diminish the affect that the conviction would have on a future offense.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    You will have to see what the process in your state to file to have your record expunged (sealed). I work in Oregon where DUII convictions are non-expungable, but if your conviction happened in a different jurisdiction, you might be able to expunge it. Typically you have to wait a few years to start the process.
    Answer Applies to: Oregon
    Replied: 6/15/2011
    Van Ness Law Group
    Van Ness Law Group | Varinia Van Ness
    How was the DUI disposed? Conviction? If so, driving charges are not expungable.
    Answer Applies to: Florida
    Replied: 6/15/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Once you have successfully completed probation, am not currently on any other probation, and have no other criminal case(s) pending, you are eligible for expungement. Contact an attorney to file the petition for you and conduct the expungement hearing.
    Answer Applies to: California
    Replied: 6/15/2011
    Kotlowski Law Office PLLC
    Kotlowski Law Office PLLC | Walter James Kotlowski
    A DUI conviction cannot be erased from your record in Washington State.
    Answer Applies to: Washington
    Replied: 6/15/2011
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