Long after you have completed your sentence and probation requirements, your drink-driving record may have a negative impact on many aspects of your life.
After you have paid all fees and fines, attended courses, served your sentence, and completed all requirements to restore driving privileges, you may find that recording drunk driving in your records is itself a form of punishment.
Many people arrested for drunk driving have found a way to recover, and have cleaned up their behavior, stopped drinking and stayed sober, and became frustrated when they found out that they were still paying the price for the crime that anyone ran away years later. background check.
In some cases, a drunk driving conviction can prevent you from finding a job, obtaining credit, buying guns, obtaining student loans, and even renting an apartment.It can even affect your ability to obtain insurance and the price you will pay for insurance.
The solution to this problem is to try to remove the drunk driving conviction from the record if possible.
Whether you can delete it depends on the laws of the state where you were convicted. Laws on clearing criminal records vary from state to state.
Some states do not allow it to be convicted at all and only allow unconvicted arrests. Other states will allow deletion, but only under certain conditions.
What is purge?
When the court orders the deletion of a criminal record, it means that the conviction is sealed or deleted, so it no longer appears in background checks available to potential employers, lenders, landlords, or the general public.
However, this record really will never be completely erased. Law enforcement officers and court officials can still see it to determine whether you have had a previous conviction.But deleting records will not prevent you from finding a job or applying for a loan.
How do you get one?
The first thing you need to determine is whether the state where you were convicted allows deletion.If so, then the next step is to determine what requirements you need to meet to clear your records.
Eligibility requirements for removal vary from state to state, but generally most states consider factors including:
- Is drunk driving your first and only belief?
- How much time has passed since the conviction?
- What is the severity and nature of the crime?
Determine if you are eligible
If there are other conviction records on your record, you are probably not eligible to delete your record. If you have multiple DUI convictions, your chances of seizing them are almost zero.
Most states have time limits and you must maintain a clean criminal record to be eligible for removal. Again, it varies from state to state and can range from three to ten years.
If your conviction for drunk driving is a felony — if someone is killed or injured, or if property is destroyed — it may be more difficult for you to clear the record.
Start the cleanup process
If you find out that your state does offer deletion and you are eligible, that is just the beginning. Now the work begins. You must fill out an application or petition to submit it to the court. It requires a lot of paperwork, and documents involve court costs.
In some states, you may have to file a petition with the court clerk, while in other states, you may have to file a petition with the district attorney’s office.
This process can be long and complicated.
In some jurisdictions, the judge will determine whether you will be approved for deletion by reading the documents you have submitted, as well as background checks and other reports or opinions of the district attorney.
In other jurisdictions, your petition requires a public hearing, at which time you will be allowed to state the reasons for your request for deletion.
Is it worth the effort?
This process can be long, complicated, or even confusing.
You can do it yourself, but if you can afford it, it is best to ask a lawyer to guide you through the process.
Most importantly, if your drunk driving is not your only belief, or if you are still drunk driving, then seeking clearance opportunities will be a waste of time and energy. However, if drunk driving is your first and only offense, and you have really cleaned up your behavior, then you can also take the time to clean up your records.