DUI Expungement Motions

A DUI Expungement refers to the isolation and extraction of all documents/records that are on file with the court or law enforcement agencies. These records that are to be expunged may include arrest reports, commitments, complaints, criminal history records, fingerprints, your rap sheet, and warrants.

It is commonly thought that over time, your record will be automatically be expunged on its own. This is not the case, even if you were found “not guilty”. The facts are that your DUI arrest will not be expunged unless the court grants an Expungement petition. There are guidelines and waiting periods for all the types of arrests and convictions that are defined by state statutes. These guidelines outline what is able to be expunged and what can not be expunged. The waiting periods are generally calculated starting with the completion of the court imposed sentence.

Another common misconception of having records expunged is that the records will be destroyed. The actual result of the expungement is that the records are extracted and isolated. Those expunged records may not be disclosed. However, the person whose records have been expunged under law may say that he or she has no prior convictions when queried about their criminal record. The exceptions to this are when looking for a second expungement, looking for a conditional discharge, or obtaining a job in law enforcement.