The short answer to the question of whether a DUI can be expunged is, “It depends on the state.” A DUI conviction can harm you in many ways, some of which might not be obvious to most people. You might lose your job, become ineligible for a security clearance, lose the ability to obtain a student loan, be denied an apartment lease, or even be refused admission to Canada.
What is an Expungement?
In an expungement, public records of your DUI are erased. It will no longer appear on a background check that an employer, lender or a landlord might use. If your DUI was your only criminal conviction, it will allow you to legally answer “No” to the question of “Have you ever been convicted of a criminal offense?”, even in a document in which you are under oath to tell the truth.
Your DUI can still be seen by law enforcement, however. If you are convicted of DUI, obtain an expungement and are subsequently convicted of another DUI, it will still be punished as a second offense. Another limitation of expungements is that it will not erase anything from your driving record.
Eligibility
Not everyone convicted of DUI is eligible for an expungement, and the eligibility rules vary significantly from state to state, The eligibility requirements for expungement are rather subjective as well. The most important factors are:
- Whether you have ever been convicted of any other crime, especially a previous DUI.
- Your driving record in general (even an old speeding ticket matters).
- The amount of time that has passed since your DUI conviction (in most states).
- How serious your DUI was (was there an accident,,for example).
- Your criminal record includes not only convictions, but arrests and charges that did not result in convictions. Suppose you were charged with DUI, for example, but plea bargained it down to reckless driving, Some states will expunge arrests and charges, but not convictions.
How to Expunge a DUI
Again, the process varies from state to state, A lot of paperwork will be involved, and you will have to pay a hefty filing fee. You might file your petition with the County Clerk, or with the District Attorney. The process can be complex, and even a small error could result in a denial.
A public hearing is required in some states, but in most of these states you can have a lawyer appear in your stead. If a public hearing is required, you will have to explain the reason why you are asking for an expungement,
How much does it cost to expunge a DUI?
Expunging a DUI is going to cost you some money, although it will probably not cost you as much as your original DUI did. There will be court fees and perhaps some administrative fees, probably adding up to a few hundred dollars, depending on the state. If you hire an attorney, you will also have to pay attorney’s fees.
Representing Yourself vs. Hiring an Attorney
You have a constitutional right to represent yourself without an attorney. However, as many judges like to note, representing yourself in court is like trying to perform surgery on yourself — in other words, it’s not a good idea.
The steps to expungement are the same with or without an attorney — it’s just a matter of how skillfully those steps are executed. Even without an attorney, an expungement will still probably cost you a few hundred dollars in filing fees.
Attorney’s Fees
Most attorneys will charge you a few hundred dollars to handle an expungement (depending on the complexity of the expungement procedure in your state) , and the use of an attorney will greatly increase your chances of success. What is your financial situation? Is a few hundred dollars a lot of money for you, or is it pocket change? How much is an expungement worth to you?
All in all, expunging a DUI is likely to cost you at least $1,000 and perhaps more. If you don’t meet eligibility requirements, or if you are still drinking and driving, it’s probably best not to even waste your money seeking an expungement.
How Long Will an Expungement Take?
Most states impose a minimum time after your DUI, during which you must show that you have rehabilitated and have not committed any further offenses. Not every state applies a waiting period, but in the states that do, you might have to wait for one to ten years to even petition for an expungement. The seriousness of your DUI offense is also important to the amount of time you will have to wait.
Once the mandatory waiting period expires, however, it typically takes only a few weeks to a few months to complete the expungement process. It is likely to happen faster if you retain a lawyer.
Going to Canada on an Expunged DUI
It is difficult to enter Canada, even by plane, with a DUI conviction. You can get temporary permission with a Temporary Resident Permit (TRP), and you can permanently remove the DUI bar to entry with a Criminal Rehabilitation (CR). Canadian courts, however, have decided that Canadian immigration officials are obligated to respect an expungement granted by a US state (Saini v. Minister of Citizenship & Immigration). In other words, with an expungement your DUI will not prevent you from entering Canada.
Should You Seek an Expungement?
Do you have anything to lose by seeking an expungement? Possibly yes. It could cost you well over $1,000, which will be a waste of money if you fail. It could also cost you a lot of time and trouble. If you do it right and are successful, however, an expungement will probably be worth it in the long run.
