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How hard is it to expunge a DUI that happened in 2005? Is this the way to take it off the record?
6 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I believe it is more than hard; I think it is impossible. However, if an OWI (=DUI) conviction is more than 10 years old, it usually may not count toward the numbering of a subsequent charge. Consult an experienced OWI lawyer, who may be able to gather more details about your current situation than can be done on this site. Good Luck.
Answered on May 08th, 2015 at 11:45 AM
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 May 08th, 2015 at 4:23 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Basically impossible. The reason is that each subsequent DUI carries with it a more severe penalty. If the record were to be expunged and you were to get another DUI, if you were convicted, the sentencing court may assume that this was your first DUI, when in fact it was not.
Answered on May 06th, 2015 at 4:21 PM
Criminal Defense Attorney serving Riverside, CA
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Law Office of A. Marie Felsen, Esq.
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Misdemeanor DUI is relatively easy to expunge. Expungement will basically turn it into a Dismissal. It will be off your record but it will still count as a DUI if you get another DUI and if you apply for a state job like firefighter or police officer they will probably be able to see it- also it is visible to immigration officials. Otherwise, it will not appear on private background checks and you can say "I have never been convicted of a DUI" after it is expunged.
Answered on May 06th, 2015 at 3:59 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If the case was not dismissed or you were not found not guilty, then you cannot expunge it.
Answered on May 06th, 2015 at 3:41 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 May 06th, 2015 at 3:39 PM