How can I remove my DUI record? 40 Answers as of May 30, 2013

I got a DUI record when I was in college. I am now looking for a job, will it affect my job application?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. Currently, unless the conviction is successfully set-aside by a court for some reason, there is no way to get an OUI off a person's record in Michigan. Whether it will impact a potential job application depends on the type of work, how much value they place on prior convictions, the circumstances, and a litany of factors. An OUI though, is the type of charge that crosses socioeconomic status and there are professionals in a wide variety of fields who learned from their mistakes and have moved on.
Answer Applies to: Michigan
Replied: 6/21/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
While it cannot be completely removed from you record, there is a procedure called an expungment. 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: 6/15/2012
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
You really can't. The reason is that each DUI conviction carries with it a more substantial penalty. If the conviction was removed, a court would not know whether the DUI was actually your first, or whether you had priors.
Answer Applies to: Washington
Replied: 4/3/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
You can make a motion for expungement per 1203.4.
Answer Applies to: California
Replied: 3/26/2012
Law Office of Elizabeth B. Carpenter, Esq.
Law Office of Elizabeth B. Carpenter, Esq. | Elizabeth B. Carpenter
It depends upon what kind of job you are seeking. More than likely, the DWI record is expungeable if it was your first offense and you completed the terms of your probation. I would consult an attorney or go to the clerk of court in the court of the adjudication and ask it your conviction is expungeable. If so, file for an expungement. The expungement will not destroy the record. It will simply remove it from public view, however some prospective employers will have access to the record. Consult an attorney for more information about expungements.
Answer Applies to: Louisiana
Replied: 3/23/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Whether it will affect a job application is a choice of the employer. There is no legal restriction or prohibition on considering a past driving record or conviction in the employment decision. Obviously if the new job would involve driving on behalf of the employer, you could expect that DUI to be a major factor in the process. It may be possible to get the prior removed but you did not give enough information to make the determination. It can be done but may depend on the date of conviction, the court in which it occurred, your age at the time and the actual nature of the charge meaning is it related to BAC or part of a status offense for someone under age 21 as well as numerous other factors.
    Answer Applies to: Missouri
    Replied: 3/23/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Currently Kansas does not permit expungement of DUI convictions.
    Answer Applies to: Kansas
    Replied: 3/23/2012
    Law Office of Gregory Crain | Gregory Crain
    If they check for DUI's, yes. It can be sealed after 5 years.
    Answer Applies to: Arkansas
    Replied: 3/23/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    An Oregon DUI conviction is permanently on your criminal record. At this time a DUI is not an expungeable offense as it is classified as a 'traffic crime'. Contact a DUI Lawyer with any additional questions.
    Answer Applies to: Oregon
    Replied: 3/23/2012
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Crimes involving motor vehicles are not expungeable in Oregon.
    Answer Applies to: Oregon
    Replied: 3/23/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    A DUI cannot be removed from your record.
    Answer Applies to: Illinois
    Replied: 3/23/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    Drunk driving convictions cannot be removed from your driving record or your criminal history, it simply cannot be done. Whether or not the conviction affects your ability to obtain employment will be up to each individual employer.
    Answer Applies to: Michigan
    Replied: 3/22/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Yes, a DUI can impact your ability to obtain and maintain a job. There are ways to demonstrate to show a future employer that you have learned your lesson.
    Answer Applies to: Nebraska
    Replied: 3/22/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They do not remove DUI records you are stuck with them forever. They are an exception to the expungment laws.
    Answer Applies to: Michigan
    Replied: 3/22/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes, it may.
    Answer Applies to: New York
    Replied: 5/30/2013
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    You can apply for an expungement (erasing of your record) and then you won't have to tell prospective employers (except government employers) about your prior record. Get an Attorney to help you clear your record.
    Answer Applies to: California
    Replied: 3/22/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You can never remove the conviction and it will be very hard to get a decent job with a DWI conviction since your employer is responsible for your actions and liable for millions if you kill someone on the way to work. e all pay a huge price for our bad decisions, you will never escape this conviction.
    Answer Applies to: New York
    Replied: 3/22/2012
    T.K. Byrne | Timothy K. Byrne
    Unless it was not adjudicated by the court, Mississippi does not permit it to be removed from your driving record.
    Answer Applies to: Mississippi
    Replied: 3/22/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You (or your attorney) can petition to get your DUI dismissed/expunged through a PC1203.4. This won't wipe it off your record, but it will withdraw the conviction and change it to dismissed, and it has employment advantages.
    Answer Applies to: California
    Replied: 3/22/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    You can file a motion to have your records sealed if it has been over 7 years for a misdemeanor dui. It is advisable to consult with an attorney to ensure that the proper forms are filed to have all records from various jurisdictions sealed.
    Answer Applies to: Nevada
    Replied: 3/22/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    It might. But DUI is only a misdemeanor, and lots of people have them on their record. It's next to impossible to get old DUI convictions expunged these days, though.
    Answer Applies to: Georgia
    Replied: 3/22/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    It could possibly be a deterrent for some jobs, particularly those with high security clearance or that involve driving, but for most employment it shouldn't be a problem. Unfortunately DWI's cannot be expunged or removed from your record.
    Answer Applies to: Minnesota
    Replied: 3/22/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Remove? You don't. However, while the general rule is Records are forever, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT clear, 'remove' or erase the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. It doesn't disappear. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. It still shows on your record that is accessible to government agencies, law enforcement and the courts, such as through LiveScan. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for licensing by any state or local agency, for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.
    Answer Applies to: California
    Replied: 3/22/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    It depends on what you plead guilty to. If you plead to Driving While Impaired, you have no criminal record and it shouldn't affect you. If you plead guilty to Driving While Intoxicated then you have a permanent criminal record that cannot be expunged or erased and it may affect you. You may have some relief under a post-judgement motion under CPL 440 but they are rarely successful absent a constitutional violation or new evidence.
    Answer Applies to: New York
    Replied: 3/22/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You can seek what's commonly called an "expungement" - it's actually a dismissal under Penal Code 1203.4. It won't take it off your record, but it adds a notation that the case was subsequently dismissed. It allows you to tell most private employers (with some exceptions) that you have not been convicted of the crime. It will do nothing to your DMV record though - the DUI will remain for 10 years. A local criminal defense attorney can explain in detail your options and assist you with the paperwork for a reasonable fee.
    Answer Applies to: California
    Replied: 3/22/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes it will. Contact a DUI specialist about expungement.
    Answer Applies to: California
    Replied: 3/22/2012
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