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I got a DUI almost six years ago and I want to expunge it off of my record, how do you do that? What information is still seen with an "expunged" record, and what is the difference between "sealing" and "expunging?"
14 ANSWERS
Jacob P. Sartz
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Unfortunately, for people convicted of certain of offenses under Michigan law, the traditional routes to seal and expunge convictions may not be available. Under Michigan law, the traditional expungment statute, MCL 780.621 (2) excludes traffic offenses, meaning convictions for offenses prosecuted under the motor-vehicle code cannot usually be expunged. See MCL 780.621a (1a)(b) ( ?Traffic offense? means a violation of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or a local ordinance substantially corresponding to that act, which violation involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.). Traffic convictions for traffic offenses may be set-aside or sealed for other reasons (appeals, juvenile-offender status, court-order, not-guilty verdicts, nolle-prosequi orders,etc.). However, the Michigan Legislature specifically excluded traffic offenses from Michigan's expungment law, MCL 780.621, and it is a much more difficult process.
Answered on Jul 29th, 2014 at 7:04 PM
Michael J. Breczinski
In Michigan or most States for that matter, you can't expunge a conviction for any automobile related offense. This includes OUIL.
Answered on Jul 22nd, 2014 at 6:17 AM
Alexis Anne Plunkett
In Nevada you can seal a conviction but not expunge itif your record is sealed, it's as if the conviction never happened in the first place. Because a DUI is a graduated penalty crime, you are not eligible to have your record sealed until seven years after the conviction.
Answered on Jul 18th, 2014 at 5:23 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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In California, DUIs remain on your DMV record for 10 years and cannot be expunged from your DMV record. The DUI convictions may be expunged from the court records, at the discretion of a judge, but can still be used as enhancements for future DUI filings and convictions.
Answered on Jul 14th, 2014 at 4:14 AM
In Colorado, you may NEVER expunge or seal a DUI, it is on your criminal record permanently. The different between sealing and expunge is that sealing is blocking it from public view, but the record still exists. Expungement can mean that the record is permanently deleted.
Answered on Jul 14th, 2014 at 4:13 AM
Criminal Law Attorney serving Beverly Hills, CA
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Law Office of Mark Rosenfeld
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You can expunge it by filling out the paperwork and paying the costs. Go to the clerk's office at your courthouse and ask for the expungment paperwork (1203.4). Expungment is good but not great. The government will always know. Sealing is for minors and is not available.
Answered on Jul 14th, 2014 at 4:12 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You can't. The reason is that each subsequent DUI conviction has increasingly severe penalties.
Answered on Jul 11th, 2014 at 4:59 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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You can seal arrest records. You can expunge the DUI conviction. There are forms on the internet for expungement if you want to do it yourself.
Answered on Jul 11th, 2014 at 4:37 PM
You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
Answered on Jul 11th, 2014 at 12:47 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Expungement in California is a misnomer. It is really a dismissal of the charges. It still shows there was a conviction but shows the conviction was dismissed. With an expungement you can say no when potential employers ask if you've been convicted of a misdemeanor.
Answered on Jul 11th, 2014 at 9:37 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You cannot expunge a DUI in the state of Michigan.
Answered on Jul 11th, 2014 at 7:52 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Unfortunately DUIs, like all traffic offenses, can never be expunged. It will forever remain on both your criminal and driving records.
Answered on Jul 11th, 2014 at 7:52 AM
James Edward Smith
Can seal only after 7 years.
Answered on Jul 11th, 2014 at 7:50 AM
Unfortunately, traffic offenses, such as a DUI, cannot be expunged in Michigan.
Answered on Jul 11th, 2014 at 7:49 AM