How do I expunge my DUI? 19 Answers as of July 29, 2014

I got a DUI almost six years ago and I want to expunge it off of my record, how do you do that? What information is still seen with an "expunged" record, and what is the difference between "sealing" and "expunging?"

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Unfortunately, for people convicted of certain of offenses under Michigan law, the traditional routes to seal and expunge convictions may not be available. Under Michigan law, the traditional expungment statute, MCL 780.621 (2) excludes traffic offenses, meaning convictions for offenses prosecuted under the motor-vehicle code cannot usually be expunged. See MCL 780.621a (1a)(b) ( ?Traffic offense? means a violation of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or a local ordinance substantially corresponding to that act, which violation involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.). Traffic convictions for traffic offenses may be set-aside or sealed for other reasons (appeals, juvenile-offender status, court-order, not-guilty verdicts, nolle-prosequi orders,etc.). However, the Michigan Legislature specifically excluded traffic offenses from Michigan's expungment law, MCL 780.621, and it is a much more difficult process.
Answer Applies to: Michigan
Replied: 7/29/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
In Michigan or most States for that matter, you can't expunge a conviction for any automobile related offense. This includes OUIL.
Answer Applies to: Michigan
Replied: 7/22/2014
Law Office of Alexis Plunkett
Law Office of Alexis Plunkett | Alexis Plunkett
In Nevada you can seal a conviction but not expunge itif your record is sealed, it's as if the conviction never happened in the first place. Because a DUI is a graduated penalty crime, you are not eligible to have your record sealed until seven years after the conviction.
Answer Applies to: Nevada
Replied: 7/18/2014
Law Office of Mark Rosenfeld
Law Office of Mark Rosenfeld | Mark Rosenfeld
You can expunge it by filling out the paperwork and paying the costs. Go to the clerk's office at your courthouse and ask for the expungment paperwork (1203.4). Expungment is good but not great. The government will always know. Sealing is for minors and is not available.
Answer Applies to: California
Replied: 7/14/2014
Universal Law Group, Inc. | Francis John Cowhig
In California, DUIs remain on your DMV record for 10 years and cannot be expunged from your DMV record. The DUI convictions may be expunged from the court records, at the discretion of a judge, but can still be used as enhancements for future DUI filings and convictions.
Answer Applies to: California
Replied: 7/14/2014
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    In Colorado, you may NEVER expunge or seal a DUI, it is on your criminal record permanently. The different between sealing and expunge is that sealing is blocking it from public view, but the record still exists. Expungement can mean that the record is permanently deleted.
    Answer Applies to: Colorado
    Replied: 7/14/2014
    Law Office of Robbi Abrams Cook
    Law Office of Robbi Abrams Cook | Robbi A. Cook
    Assuming you were convicted of a DUI as an adult (rather than in juvenile court), and assuming that the DUI was a misdemeanor rather than a felony, the procedure to "expunge" it is quite simple. You need to file a Petition for Dismissal pursuant to Penal Code Section 1203.4. There is a form for this which can be found on the California Courts online site: Judicial Council Form, CR-180. You can also obtain this form from the criminal clerk at the courthouse. In some counties, you will be required to pay a fee to file the petition. It is handled differently at every courthouse. The Judge will not grant the petition unless you successfully completed your probation and paid any required fees and fines. Also, in some counties DUI expungements are not granted unless you submit some additional paperwork explaining why you wish to have the matter expunged and why an expungment is justified. For example, if you are an immigrant seeking naturalization and you cannot proceed with your application with a misdemeanor conviction on your record, you can seek an expungement on that basis. An expungement does not entirely seal your record. Your DUI conviction will continue to remain available to law enforcement agencies and the courts and will count as a prior 10 years from the date of the conviction. Generally, if you are applying for employment you do not have to disclose an expunged conviction, but there are a large number of exceptions such as jobs with law enforcement and health care work. I would advise you to consult with a local criminal defense attorney about this. He or she can tell you what the policy is in your county for granting DUI expungments and can also assist you if necessary.
    Answer Applies to: California
    Replied: 7/14/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    You can seal arrest records. You can expunge the DUI conviction. There are forms on the internet for expungement if you want to do it yourself.
    Answer Applies to: California
    Replied: 7/11/2014
    Michael J. Harris, Attorney at Law
    Michael J. Harris, Attorney at Law | Michael Harris
    If you were convicted, it stays on your record for the rest of your life. If dismissed, that is more complicated and depends on the specific circumstances.
    Answer Applies to: Colorado
    Replied: 7/11/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You can't. The reason is that each subsequent DUI conviction has increasingly severe penalties.
    Answer Applies to: Washington
    Replied: 7/11/2014
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
    Answer Applies to: California
    Replied: 7/11/2014
    MatthewR. Schutz, Esq | Matthew R. Schutz
    You can not expunge a DUI Conviction in New Jersey.
    Answer Applies to: New Jersey
    Replied: 7/11/2014
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Expungement in California is a misnomer. It is really a dismissal of the charges. It still shows there was a conviction but shows the conviction was dismissed. With an expungement you can say no when potential employers ask if you've been convicted of a misdemeanor.
    Answer Applies to: California
    Replied: 7/11/2014
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    In Missouri one has to wait at least 10 years before a first offense DUI can be expunged. When a matter is "expunged", there is NO reference to it anymore and nothing will show on your record.
    Answer Applies to: Missouri
    Replied: 7/11/2014
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    You can only expunge a DUI if you were found not guilty or the prosecutor dropped the case. You cannot expunge a DUI supervision or conviction.
    Answer Applies to: Illinois
    Replied: 7/11/2014
    Elhart & Horvath, P.C.
    Elhart & Horvath, P.C. | Mattias Johnson
    Unfortunately, traffic offenses, such as a DUI, cannot be expunged in Michigan.
    Answer Applies to: Michigan
    Replied: 7/11/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Can seal only after 7 years.
    Answer Applies to: Nevada
    Replied: 7/11/2014
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