Can I Argue a 2nd DUI Down to a First Offense?

Can I Argue a 2nd DUI Down to a First Offense?

Almost everyone who has a DUI criminal record wants to get rid of it, and thankfully there are two ways to make that happen: 

• You can have your DUI records sealed.
• You can have your DUI records expunged.
  

Let’s take a much closer look at both of these scenarios.

Sealing Your DUI Arrest Records

Getting your DUI records sealed means that the public cannot access all the information regarding your arrest or conviction. After it’s been sealed, your criminal record becomes confidential and is unavailable for future employers for background checks or public records. 

Expunging Your DUI Arrest Records

The expungement is a process where all documentation regarding your DUI arrest gets destroyed. It’s different from sealing your records, as sealing just makes the records inaccessible to the public, while expungement erases the entire record. However, even if an expungement gets approved, one copy of your DUI criminal record remains within the law enforcement agency. 

Should You Seal or Expunge Your Record? 

The various requirements that you have to meet to expunge your DUI arrest records are different from the ones required just to seal them.

Your DUI criminal record can only be expunged if: 

• You were arrested but not charged.
• Your case was dismissed or dropped.
• You were not found guilty. 
  

Should you have entered a plea of guilty, you could only seal your criminal record, and if after several years, your record remains clean, you can potentially get your record expunged. 

Requirements for Clearing Your DUI Criminal Record 

If you want to seal your records, you usually have to meet the below requirements: 

• Not have received a seal or expungement before.
• You successfully completed any probation.
• You paid all your DUI fines, reimbursement, or restitution.
• You’re not charged with another offense.
• Your conviction was for a misdemeanor.
• A year has passed from the date of your conviction.
• You have completed your court sentence.

How To Start the Process

To begin clearing your record, you need to hire a DUI lawyer or an Expungement Assistance Service that deals with these sorts of cases.

From there, the process typically looks like this: 

• Your lawyer will file an application with the Superior Court in the county you got charged with a DUI in. Should they approve your application, they will issue a certificate of eligibility.
• When your lawyer gets that certificate, he or she will file to submit a petition to seal or expunge your record.
• Once the record receives the petition, they have to make a decision whether to deny or grant the petition.
• The court will send an order to expunge or seal your DUI criminal record if the petition is granted.
  

Typically, the whole process takes around six months. 

Bottom Line

Although your record can never be wiped out completely, getting it expunged or sealed is the best thing you can do, as it will enable you to resume your everyday life quickly. Do not hesitate to call us at the H Law Group.

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