Whether you can have a driving under the influence (DUI) arrest or conviction expunged from your record depends on your state laws. Criminal record expungement laws vary from state to state. Washington State does not allow it for convictions but it is possible for arrests that did not result in a DUI conviction. Other states allow expungements, but only under certain conditions.
Expungement effectively hides a DUI or driving while intoxicated (DWI) arrest or conviction from the public. Expungement is also called: 1) Expunction, 2) Sealing a conviction 3) Setting aside a criminal conviction and/or 4) Vacating.
An expunged DUI offense may still be used as proof of a prior conviction. However, expunged offenses aren’t usually visible to prospective employers, educational institutions, credit issuers, or other entities conducting background checks.
In some legal proceedings, an expunged conviction “under seal” may still be considered proof of a prior conviction. Examples of this include: 1) During sentencing for any crimes committed after an expungement 2) In immigration/deportation proceedings.
The ability to expunge a drunk driving arrest or conviction varies by state and is often limited to misdemeanors. This is the case in Idaho, Kentucky, Minnesota, Missouri, Montana, North Carolina, Pennsylvania, South Dakota, Wisconsin, and Wyoming. Some states allow the expunction of both misdemeanor and felony DUI offenses.
In some of these states, special requirements must be satisfied. Often, there is a set waiting period.
Still, other states like Washington don’t allow expungement of DUI convictions at all. . In all cases, it’s up to the court to decide whether to grant the expungement.
If you or a loved one is in a bind as a result of a criminal/ civil protection order immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce obligations and can help direct people on how to best deal with their case, and many times even get them dismissed. So, it should go without saying that someone facing a criminal or civil protection order should hire a qualified Seattle Criminal Lawyer as soon as possible. Protection orders can cause havoc on a person’s personal and professional life. Anyone facing a protection order in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
