Many states provide ways of cleaning up your record following a criminal conviction. The processes for doing so and the effect of an expungement vary by state. But, typically, when you get an expungement, it allows you to truthfully report for example, to prospective employers that you don't have a criminal conviction.
Obtaining an expungement generally involves filing an application and appearing in court for a hearing. At the hearing, the judge will decide whether to grant or deny the expungement. The amount of time that must elapse between your conviction and a petition to expunge your record is different in every state. Some states have a specific waiting period like three or five years.
Other states allow application for expungement once the person has completed probation. DUI convictions show on your criminal record and driving record. Although an expungement might clear up your criminal record, it typically won't erase a DUI from your driving record. However, the effects that a DUI has on your driving record won't normally last forever. License-related consequences typically last for a finite period of time. For example, a first DUI conviction might result in a six-month license suspension and a number of months of having to use an ignition interlock device.
And your insurance rates will likely increase and may be required to have an SR insurance certificate for several years. But things will eventually go back to normal if you don't have any subsequent convictions. If you're eligible, it's usually a good idea to apply for an expungement.
But an expungement won't necessarily free you of all the consequences of a criminal conviction. If your DUI conviction was a felony —if someone was killed or injured or if the property was destroyed—it may be more difficult for you to get the record expunged. If you find that your state does offer expungement and you are eligible, that is just the beginning.
Now the work begins. You will have to fill out an application or a petition to file with the court. It requires a lot of paperwork and there are court fees involved with the filings. In some states, you may have to file the petition with the clerk of the court and in others, you may have to file them with the district attorney's office instead.
The process can be long and complicated. In some jurisdictions, the judge will determine if you will be granted an expungement by reading the papers that you have filed along with your background check and other reports or opinions from the district attorney.
In other jurisdictions, a public hearing is required on your petition, at which time you will be allowed to state your reasons for applying for the expungement. The process can be long, complicated and even confusing. It is possible to proceed on your own, but if you can afford it, you might be better off getting an attorney to guide you through the process.
The bottom line is, if your DUI was not your only conviction, or if you are still drinking and driving, chances are seeking an expungement would be a waste of time and effort.
But if the DUI was your first and only offense and you have truly cleaned up your act, it might be worth your time to clean up your record too. Learn the best ways to manage stress and negativity in your life. Commission on Civil Rights. Published June Collateral Consequences Research Center. Updated August Your Privacy Rights. To change or withdraw your consent choices for VerywellMind. At any time, you can update your settings through the "EU Privacy" link at the bottom of any page.
In , there were 5, overdose deaths in Pennsylvania , many of which involved opioids, including heroin and prescription drugs. The rate of deaths per , is 43, a number far above the national average of 22 per , The highly addictive nature and availability of these drugs has led to more people attempting to drive while under the influence.
If you were arrested and subsequently convicted in Pennsylvania for a DUI, you may be suffering from the consequences of a DUI on your record. To reduce the impact of a DUI conviction, you can obtain the services of an experienced attorney.
Expungement is a viable option if this is your first DUI conviction. Steven Kellis will evaluate your case to see if pursuing an expungement is the best option for you. Doing so can help you move on with your life, past the mistake of driving while under the influence. If this is your first offense, you may find that the DMV record comes with more severe consequences. This record will follow you wherever you go and will affect the cost of your auto insurance premiums. While it is possible to receive an expungement on the court level, it is impossible to remove this record from the DMV.
An expungement is a way of legally destroying, obliterating or striking out records or information in files, computers, and other depositories relating to criminal charges. Simply put, the DUI conviction is deleted or erased. In some instances, a DUI record is automatically expunged.
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