Expungement is ordered by a judge after you file a petition to the courts to requesting it. In other words, in states that do allow the procedure, the result can be as though the conviction never happened. The amount of time that must elapse between your conviction and a petition to expunge your record is different in every state, so it is important to consult with a local DUI or DWI attorney to find out if and when you are eligible to have your record expunged.
Generally the shortest period of time you will have to wait is one year. Keep in mind that DUI cases have two sides, criminal and administrative.
Wet Reckless. Generally the shortest period of time you will have to wait is one year. In some states, the information on this website may be considered a lawyer referral service. If you have multiple DUI convictions, the chances are almost zero that you can get them sealed. Sales Sales Affiliates Library Trade.
Be sure to ask your attorney if it is possible in your state to not only expunge the DUI from your criminal record but also if you can have it removed from your driving record. In most cases, you will not be able to remove a DUI from your driving record. When considering whether or not to agree to expunge your record, a judge is going to look at whether you have had any subsequent criminal convictions, and how clean your driving record has been since your conviction and license reinstatement.
If you continued to have trouble, you may be denied the expungement. A local DUI defense attorney is going to be your best source of information about the rules in your state regarding record expungement and how you might or might not be eligible to take advantage of it.
Wet Reckless. First offenders are generally looking at mandatory jail, a fine, and license suspension.
However, many factors come into play with OUI sentencing. Jail time.
A first OUI conviction in Alaska results in at least 72 hours in jail, with a maximum of one year. This time can generally be served via house arrest.
During house arrest or probation , the court can order the use of medication intended to prevent the consumption of alcohol. However, after 30 days of suspension, the court can order that the driver be granted a restricted license. This restricted license authorizes the holder to travel to and from work with an installed ignition interlock device IID.
To be eligible for a restricted license, the applicant must provide certification of employment and proof of completion of or current participation in substance abuse treatment. Any violation of the IID restriction or treatment requirements will result in restricted license cancellation.
Administrative action. At the time of arrest, a driver who fails or refuses to submit to a blood alcohol content BAC test will have his or her license seized.
The driver will be issued a seven-day temporary license, but it cannot be used for the first 24 hours after issuance. If the driver is later convicted of an OUI in court, the judge can decide whether to credit any time already completed on the administrative suspension against the suspension resulting from the conviction.