Expunge Drunk Driving Arrest
A conviction for a drunk driving arrest based on DUI laws can be expunged, or cleaned from your criminal record-in most circumstances, five years after you have either been released from custody or completed your term or probation or post release supervision-whichever came last. The drunk driving arrest expungement does not happen automatically, but will only happen if you file a motion with the court, and prove that it is in the best interest of justice to expunge your conviction.
Once your drunk driving arrest and conviction is expunged, you need not to talk about the fact that you were arrested or convicted except under very specific situations that are provided by law. The expunged conviction, however, will still be attached to your criminal history if you are ever again convicted of a crime.
If you've never been arrested of drunk driving, have never entered into a diversion contract for DUI before, and were not in an accident or car wreck resulting in personal injury or death, you may be eligible to participate in a DUI diversion program. Diversion is essentially a contract between the county or city and the person charged with DUI in which the person charged gives up his or her right to a speedy trial and his or her right to a jury trial, in return for an opportunity to avoid a conviction for DUI. Under the diversion agreement.
You will be required to pay a fine; attend an alcohol and drug safety DUI action school or treatment program, or both; use no alcohol or drugs; and make sure you follow other terms and conditions the city or state requires. If at the completion of the diversion period-usually one year--you have completed all the requirements of the contract, the drunk driving arrest is then expunged. If you do not successfully do all that is required of you under the contract, your case will be placed back on the trial docket and the criminal case that is towards you will be reinstated and your trial will be resumed on a more factual basis.
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