Is there any way for me to clear my criminal history of a misdemeanor DWI conviction? Yes. What you are looking for is called an expungement
You are not alone if you have ever been arrested for driving under the influence. Every year, around a million people find themselves under arrest for driving under the influence of alcohol and/or drugs. And like with many of these individuals, the criminal record associated with that DUI hangs over your head, preventing you from moving forward with your life. If this problem seems all too familiar, here are six things to know about removing that DUI from your criminal record and from your life:
Is there any way for me to clear my criminal history of a misdemeanor DWI conviction?
Yes. What you are looking for is called an expungement. An expungement is a legal process that allows you to remove convictions and arrests from your criminal record. Essentially, getting a conviction expunged means your conviction can no longer be used against you.
When am I able to get an expungement for my conviction?
If you want to get an expungement for a misdemeanor conviction, you need to wait until five years after the date of your conviction has passed. For example, if you were convicted in 2010, you would need to wait until 2015 before getting an expungement.
Is there a way to get an expungement without waiting five years?
Yes, you may be able to get an expungement at an earlier date, but you will need written permission from a prosecutor to do so.
What happens if I get in legal trouble before the five years are up?
It depends on whether you are dealing with a new or non-conviction conviction.
If you are convicted of another crime before the five-year waiting period ends, the original waiting period will be replaced by another five-year waiting period that begins with the date of your new, more recent conviction.
For example, if your misdemeanor DWI conviction was in 2010, but you received another conviction in 2013, you would need to wait until 2018 before getting the original misdemeanor DWI conviction expunged.
This will not be the case with non-convictions.
A “non-conviction” is when you are arrested for a crime, but the arrest does not lead to a conviction. A non-conviction during the five-year waiting period will not affect your ability to expunge your misdemeanor DWI conviction.
Is there anything that could prevent me from getting my conviction expunged?
Yes, here are a couple of things that may prevent you from getting your conviction record expunged:
If you still owe money related to your conviction, such as court costs or fees, you cannot get your record expunged until those debts are paid.
If you are facing criminal charges, you cannot get your record expunged while the charges are still pending.
Owing money or current criminal charges seems only to delay when I can get my record expunged. Is there anything that will permanently stop me from getting my conviction record expunged?
Yes, there are two situations where the law will forever prevent you from getting your conviction expunged:
First, the government will never let you get your conviction expunged if you qualify as a “sex or violent offender.”
The label of “sex or violent offender” accompanies a conviction for certain felonies, namely those involving physical violence or sexual touching. You may contact us if you want to know which offenses give someone the status of “sex or violent offender.”
Second, you will never be able to get your conviction expunged if, at any point in life, you have been convicted of two or more unrelated felonies involving the unlawful use of a deadly weapon.
A clear record empowers you, and we aim to make the path toward success simple and accessible. Stop worrying about expensive lawyer fees and contact our record-clearing experts at Easy Expunctions. Call us at (866) 775-998 or visit our website at EasyExpunctions.com to learn more.