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.