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My fiancé has a felony charge of driving under the influence on his record. Can he have that sealed and contained or expunged? He is wanting to go to work in Afghanistan.
24 ANSWERS
It can be after 10 years if he has no other charges.
Answered on Jun 24th, 2013 at 12:59 AM
Jacob P. Sartz
Under the current law in Michigan, traffic offenses cannot be expunged. However, in certain very limited circumstances, there may be ways to get around that issue. I'd recommend you consult with an attorney.
Answered on Oct 05th, 2011 at 1:09 PM
Michael J. Breczinski
No the expungment statute specifically excludes any traffic related offenses and this is one. Further the OUIL Felony means he had prior cases and that would preclude ( Except in limited circumstances) expungment.
Answered on Sep 15th, 2011 at 9:01 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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If he was over 18, it cannot be sealed, but he can seek a dismissal under Penal Code 1203.4. He has to have not been sentenced to state prison and successfully completed (and be off of) probation. A local criminal defense attorney can help him through the process.
Answered on Sep 14th, 2011 at 2:20 PM
He may petition to get it expunged if he did not serve time in state prison on the case and has completed all the probation requirements.
Answered on Sep 14th, 2011 at 2:20 PM
Roianne Houlton Conner
Alabama does not have an expungement statute.
Answered on Sep 14th, 2011 at 2:17 PM
No, a DUI charge is not eligible for expungement.
Answered on Sep 14th, 2011 at 1:45 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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Yes it can be dismissed pursuant to PC 1203.4. You need to look at the statute to see if it obtains the relieve you seek.
Answered on Sep 14th, 2011 at 12:53 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It can't be sealed, but it can be expunged as long as that is the only conviction of any kind on his record (including misdemeanors and juvenile adjudications) and it has been at least five years. Seek an attorney that does expungements for more information.
Answered on Sep 14th, 2011 at 12:32 PM
2 Awards
I do not believe that a DUI charge can be expunged. However, I think George Bush did get a DUI expunged when he was a kid. But I do not believe Florida law allows it.
Answered on Sep 14th, 2011 at 12:25 PM
Daniel Kieth Martin
As long as he has completed probation and complied with all the terms of probation, then yes it can be expunged. Here is the process: 1. collect proof that you complied with probation. (Do this by going to probation and asking for their records) 2. Write a motion and file the motion with the court. They will tell you the date the motion will be argued. 3. Write a motion and serve it on the arresting agency, the DA, probation, and the sheriff. Include with the motion a proposed order It can be helpful to include documents that prove that you have rehabilitated yourself. 4. attend the hearing and the judge will rule. If he grants the motion, he will sign the order. Get a copy of the order and mail it to the California Department of Justice. It is important to remember that even if the judge reduces the charge to a misdemeanor and then dismisses the case, you must disclose the conviction to government agencies.
Answered on Sep 14th, 2011 at 12:18 PM
As long as he has completed probation and am no longer on any probation or parole. Plus, he cannot have any other criminal case(s) pending. If he is eligible, then he needs an attorney to first file a 17b motion to reduce the charge to a misdemeanor. When granted, then the attorney can proceed to a petition for expungement.
Answered on Sep 14th, 2011 at 12:15 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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He can get it expunged if it resulted in a dismissal or a not guilty after a trial. Otherwise, he cannot. If he pled guilty then he cannot even seal it. DWIs are not subject to nondisclosure.
Answered on Sep 14th, 2011 at 11:56 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I am sorry to be the one to tell you that there is no expungement in the State of New York.
Answered on Sep 14th, 2011 at 11:55 AM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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If he was placed on probation and completed it successfully he can get it expunged.
Answered on Sep 14th, 2011 at 11:27 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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N.R.S. 199.245 is one statute that deals with sealing records. The statute defines the time that has to pass before a convcition can be sealed. For example, a Category A or B felony cannot be sealed until 15 years have passed from the date of actual custoy or discharge from parole or probation, whichever occurs later. Whether or not your fianc can seal his record will depend on exactly what he was convicted for, whether he has other records, including pending records, and other factors. My office regularly deals with record sealing issues and will provide a free consultation on this matter.
Answered on Sep 14th, 2011 at 11:04 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You state that the DUI is a felony charge. In most instances a DUI is a gross misdemeanor, which is below a felony. If the charge is truly a felony then something very serious happened (personal injury or other companion charges). Without more info, I would say the answer is NO.
Answered on Sep 14th, 2011 at 10:39 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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People with DUI's are prone to get drunk frequently. Also this guy has terrible judgment. Why does he want to go to Afghanistan? Anyhow, if he is your fiance, get him to make a will before he goes to Afghanistan leaving it all toyou. You can send me some as thanks for this invaluable advice. NO, there is no way to expunge a DUI.
Answered on Sep 14th, 2011 at 10:33 AM
Gary Moore
No. The law of New Jersey specifically forbids the expungement of a dui.
Answered on Sep 14th, 2011 at 9:03 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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What he needs to do is make an application for a relief from disability.
Answered on Sep 14th, 2011 at 9:02 AM
In Texas, a conviction cannot be sealed or expunged unless you seek a Governor's Pardon. If the case was dismissed outright or through Deferred Adjudication, then you have some options.
Answered on Sep 14th, 2011 at 9:02 AM
Criminal Defense Attorney serving San Diego, CA
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Michael S. Berg
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Absolutely you can expunge a DUI, just like any other criminal conviction you might have. Would be happy to help you out, as we do this routinely for clients. Good luck....
Answered on Sep 14th, 2011 at 8:03 AM
3 Awards
He can have ti expunged if it got dismissed or he was no billed, or found not guilty. DWI/DUI can never eb sealed because deferred adjudication probation is not an option for DWI/DUI.
Answered on Sep 14th, 2011 at 7:49 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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A DUI is not subject to expungement or "setting aside" - that is why it is critical to unturn every stone in a DUI case before deciding whether to plead.
Answered on Sep 14th, 2011 at 7:49 AM