How Does DUI Expungement Work?

You can apply for expungement if you do not have any current charges pending against you and have not been convicted of this crime or a similar crime within the last five years.

To apply for expungement or sealing of your criminal records, you must request a copy of your criminal record from the law enforcement agency that arrested you by requesting expungement forms. The agency’s officials procure a copy of your records through the state crime information center. You must provide them with the date of your arrest and the approximate name of your crime, if you do not know exactly what you were charged with at the time of arrest. You pay a fee for filing the papers with the court and you’re your identification to apply.

Review the record for accuracy. If you were arrested for a crime but not convicted, a potential employer or school administrator can view that arrest record, and you may wish to request expungement even if it does not show a conviction. There are many instances where the arrest is just as damning as the conviction.

Return the completed forms to that law enforcement agency, and they will advise you of the next steps to take in your application. Sometimes the law enforcement agency files the forms with the state attorney’s office or the district attorney’s office, and other agencies require that you pay a process server to ‘serve’ the papers on the state attorney.

In either case, someone from the state attorney’s or district attorney’s office presents your petition, called an Order of Expungement, before a judge and a determination of your case is made.

Most often you are advised of the outcome by mail, but in some cases a hearing is arranged that you must attend so that the judge can directly address you. If expungement of your records is denied, you may file an appeal in the superior court of the county in which you were arrested within thirty days.