Driving Under the Influence of DUI might stain your criminal record permanently. However, the good news is that there are ways to get rid of such stains.
The technical term used for the act of removing a DUI from an individual’s criminal record is called “expunging”. The process of getting the record expunged will become much simpler for you if you seek assistance from an experienced and qualified Perrysburg expungement lawyer.
Here, you must note that while the expungement would remove the DUI info from your criminal record, it will be still present in the driving record.
However, that should not be a cause of worry for you, as license-related issues caused by a DUI tend to last for just a limited period. For example, the governing body might suspend your license for one month or might impose certain driving restrictions on you for six months.
Read through the section below to know more about expunging a DUI record.
DUI Expungement Eligibility
According to experts, probation plays a major role in determining the outcome of DUI cases. The role of probation becomes even more crucial when it comes to determining your chances of getting an expungement. To put it more bluntly, out of the three eligibility criteria you’ll need to meet, two are related to probation. Here are the exact criteria you’ll need to meet to achieve an expungement.
1. Your DUI sentence must include a probationary component of some kind. The judge is unlikely to consider an expungement if the DUI offense doesn’t deserve probation. This usually happens if the offense is extremely serious and the convict needs to go behind the bars directly.
2. To consider your case for expungement, the judge will ensure that you meet every single requirement of the probation. Any incident that violates the probation terms might end up preventing you from removing the DUI info from your record.
3. If you have any pending criminal cases, your DUI expungement request will be rejected.
You might not get an expungement even after meeting all the above criteria. Only hiring a reputable lawyer operating in this field of law can be your savior in such situations.
DUI Expungement Petition
If your lawyer confirms that you can expunge your DUI conviction, you shouldn’t wait much before submitting your request for the same. The process begins with the filing of a petition that contains a motion for relief and an affidavit. You’ll also need to pay a fee.
Once the above step is complete, you’ll need to let the office of the prosecuting attorney about the action. The prosecuting attorney or his office will be challenging your request the moment they will get to know about your request.
The judge will be reviewing your petition and sign off on it before your lawyer submits it to the court. The process would end with the final hearing. The said hearing will take place in the presence of the judge. Your lawyer will explain what makes you a suitable candidate for the DUI expungement. However, you may also need to appear before the judge to give your statement. The judge might ask you a few questions. These are common questions, and your lawyer will guide you about the right ways of answering them before you appear in court.
It’s unlikely that you’ll be able to achieve an expungement of your DUI record without any legal help. So, following a DUI conviction, finding a reputable DUI attorney is one of the first things you must do.