DWI Record - Is Expungement an Option for Cleaning Up Your DWI Record?

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Cleaning Up Your DWI Record

Having a Driving While Intoxicated (DWI) conviction against you can cause a myriad of problems in your life. A DWI record can be obtained by employers, both present and future, and can be detrimental in your career. As well, the embarrassment of having a DWI record can be emotionally devastating to you and your family. With the damaging consequences that a DWI conviction can present, it is imperative to have a good and knowledgeable attorney who specializes in DWI and drunk driving cases. With a good attorney, many people have sought and have been successful in having their DWI record removed permanently.

The minute you are pulled over and determined or suspected to be driving while intoxicated, you can be arrested and charged with DWI. If the arresting officer suspects that you are under the influence of alcohol, he or she will perform a field sobriety test to determine your blood alcohol content. Once you have been charged, you will automatically receive a DWI record on file with the court in that jurisdiction. An officer does not even have to pull you over for suspicion of driving while intoxicated. If you are pulled over for speeding, curbing, or any other moving violation and you appear to be under the influence of drugs or alcohol, you may be arrested.

The legal term “Expungement” is the process to have a criminal arrest removed from a person’s criminal record. If you’ve been arrested for DWI, you can look to have your DWI arrest record expunged from the books so that, for example, your employers do not see the mistakes you have made in the past. In order to expunge your DWI record, you must send a request that all the documents relating to your DWI arrest be sealed. Alternatively, you can request that all related documents be sent to you, the defendant, so the court has no record of it on file.

There are different laws and interpretations associated with expunging a DWI record. For most jurisdictions, any arrest record that did not result in a guilty finding in a court of law can be expunged. In some parts of the country, the law states that you can have any record expunged where the defendant was found guilty but only received supervision as a sentence. In other jurisdictions, courts do not allow any DWI records to be expunged, whether you are guilty or not guilty. Obtaining the services of a good DWI attorney is crucial to help you determine if your state law allows your DWI record to be expunged. You also need a good attorney to help in your defense in a courtroom and to see about expungement prior to entering any sort of plea agreement. If you enter a plea of guilty, it might affect the ability to get the DWI record expunged and removed from the courts in the future.