DUI Expungement Process
By David S Caldwell
There are times when a person convicted of a crime has served out their punishments and proven that their violation was a momentary lapse of judgment. As a result, the court may be willing to strike certain crimes from a person's criminal record. This process, known as expungement, erases a part or all of a criminal record, usually under especially stringent conditions that illustrate that the person in question has been reformed appropriately by the criminal justice system.
The qualifications for expungement vary from state to state, but have certain qualities that carry over throughout the nation. One of the most important parts of filing for expungement is in recognizing the crime originally committed. It is unlikely that a conviction on a count of murder will be expunged, and it is actually against some states' laws to expunge certain sex crimes from a personal record. It largely depends on the nature of the crime whether or not something such as a DUI charge, often taken very seriously in order to prevent future incidents, can be expunged.
Secondly, a defendant must prove that he or she has not only been reformed, but that they made an uncharacteristic mistake when committing their original crime. Expungement, unlike a pardon, legally erases a portion of a criminal record. This means that limitations against felons may be lifted after a successful expungement.
Among the most important qualifications, expungement can only occur after a certain period of time. Anyone believing that expungement is a simple way of removing a recent crime does not recognize the seriousness of these charges. Instead, the law requires criminals to contemplate the full consequences of their actions over a statutorily established period of time.
To learn more about the expungement process and other legal options available to those charged with driving and driving allegations, contact a DUI attorney.
If you have been charged with a DUI and are looking for an experienced legal representative or legal advice, contact the Seattle DUI defense attorneys of the Cowan Kirk Gaston Law Firm.
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SUMMARY
There are times when a person convicted of a crime has served out their punishments and proven that their violation was a momentary lapse of judgment. As a result, the court may be willing to strike certain crimes from a person's criminal record. This process, known as expungement, erases a part or all of a criminal record, usually under especially stringent conditions that illustrate that the person in question has been reformed appropriately by the criminal justice system.