It is a fact. A drunk driving conviction can ruin your job, future job prospects, reputation and your freedom. If you are convicted of drunk driving, a lawyer may be able to help you expunge the conviction from your criminal record. An expungement allows you to essentially erase an offense from your criminal history. The expungement means the criminal conviction is no longer on your criminal record. When individuals and potential employers conduct routine background checks, they will not longer see a DUI conviction to use against you. To obtain an expungement, you must file a petition.
What Happens after an Expungement Petition is Filed?
Your petition will either be denied or granted. Let’s discussed the best case scenario in further detail. After the judge accepts your expungement petition, you will have the ability to withdraw your no contest or guilty plea. A not guilty plea will be entered in its place. The judge will then dismiss your DUI case. The criminal conviction would be deleted from your criminal record.
Yes, an expungement erases the conviction on your criminal record. Yes, there are some exceptions. While potential employers will no longer see a conviction, certain parties can still consider it for limited purposes. For instance, certain law enforcement agencies may have access to you old criminal record.
There are certain times when you have to disclose the information yourself. The state requires you to disclose this information while you are applying for any type of teaching credential or state licensing.
Also, a DUI conviction is considered a “priorable” offense. This mean that if you are convicted of a second DUI within a 10-year period, you face harsh charges like more jail time and higher fines. An expungement does not stop you from receiving tougher penalties for subsequent convictions.
If you are charged with DUI for the first time, you may be sentenced to three to five years of informal probation. Unlike traditional probation, informal probation does not require you to report to a probation officer. Also, unlike traditional probation, your informal probation may end early. If the presiding judge over you case does grant early termination, you may be able to file an expungement petition prior to your sentence being successful completed.
The process to expunge your DUI can be complicated. You may feel like you need more information about whether to pursue the expungement or not. Talk to the Law Offices of Jonathan Franklin. We are experienced in handling DUI expungements on behalf of our clients. We will represent you in your pursuit to expunge your criminal record and free yourself from the negative consequences that is carries. Call us today to schedule your free consultation.