Ed Shaw Law - Brainerd Attorney
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Coronavirus Impact and Assurance: Yes! We are still open for business!

As you are all aware, we are currently facing unique challenges due to the Coronavirus. While this is a serious crisis, it is important to keep it in perspective, and not allow it to prevent us from going about our business. We want to assure all of our clients that this office is prepared to serve your needs, regardless of what happens and how the virus affects Minnesota. In an effort to keep the office safe, we have stepped up prevention and sanitation measures in hopes to prevent disease transmission.

Because we are a paperless office, our entire staff is prepared to work from home if necessary. No matter what happens, we will continue to provide our clients with the highest quality legal services. For any clients who are not comfortable leaving their homes, we can handle any appointments remotely via phone, FaceTime, Skype, Zoom , and can transfer any documents to you electronically or by mail, if that is your preference.

Please rest assured, we will continue to take care of your legal needs in this challenging time, and your safety is our highest priority.

Please see our blog for more info on pandemic response.

What do you know about clearing a DUI from your record?

| Sep 28, 2020 | Drunk Driving Defense

You spent the last few days gauging the impact of your recent run-in with Minnesota law enforcement and your resulting DUI. While learning about the overall impact, you may also wonder if you can clear the charge from your record.

While you can clear a DUI, you must know the factors that determine your chances of success. Know how much patience to exercise and which actions to take.

Definition of expungement

With an expungement, you clear a DUI from your criminal record, but the mark may still appear on your driving record. Not all states offer this option. For instance, you cannot clear a DUI in Mississippi or Texas. Even if a DUI stays on your driving record, it only remains there for a finite time.

Eligibility for expungement

You must qualify for expungement before the option becomes available. For instance, you must serve probation related to your drunk driving offense. If a judge skipped probation and sent you straight to prison because of the severity of your offense, you do not qualify for expungement. You must adhere to your probation requirements; violations may squash your chances of wiping your record. Also, expungement applicants cannot have any pending criminal offenses.

Petitioning for expungement

When you feel ready to petition for expungement, file a motion of relief and an affidavit. Petitioning also requires a fee, which often totals from $100 to $400. Then, let the prosecuting attorney know that you want to petition. Expect to have a judge review your petition before you request a final hearing where you can plead your case for why you deserve expungement.

You do not have to feel stuck with a DUI for longer than necessary. Depending on your circumstances, you can put the incident behind you sooner rather than later.