How to Expunge Felony DUI Convictions

A felony DUI conviction may result in negative consequences long after the initial legal penalty.

While felony convictions are often associated with major crimes such as murder and kidnapping, several states may also charge a DUI case as a felony. Along with the social stigma, a felony conviction may prove an obstacle to gainful employment, the right to vote, and even international travel. Fortunately, a legal process known as expungement allows you to either conceal or destroy your DUI felony conviction record in many instances.

Things You'll Need

• Felony DUI conviction record
• Attorney
• Expungement petition

Instructions

1. Consult the laws of the state in which you were convicted of a felony regarding expungement of DUI felony convictions. In some states, such as Ohio, the crime of felony DUI may not be expunged. In other states, felony DUI may only expunged if it is a first-time offense. Even a prior Class D misdemeanor may prevent a felony DUI from being erased from your record. If expungement is allowable, make note of the conditions and circumstances to confirm your eligibility. In many cases, a waiting period of five or ten years without any other offenses may be required before you may apply for expungement.

2. Fulfill all of the terms of your probation for the DUI felony conviction, including counseling, jail time, restitution, and community service. No felon may apply for expungement until he or she has complied with all of the terms and conditions pronounced by the sentencing court.

3. Obtain the court record of your felony DUI conviction. Request the document from the Clerk's Office in the jurisdiction that tried your case.

4. Hire an attorney to assist you with the expungement process. The lawyer will compile information about your case and file a motion with the court to expunge the conviction. After receiving approval, the attorney will present the expungement order to all agencies that have a record of your conviction. In some states, an attorney may need to have the felony DUI reduced to a misdemeanor in order to expunge the record. Note that an experienced attorney should represent you, as these motions are complex and require specialized legal expertise.

5. Check with your attorney to confirm the felony DUI conviction has been expunged. The legal process usually takes three to four months.

References

• Expunge DUI: Expunge Felony Conviction
• Illinois Legal Aid: When Can I Expunge My Criminal Record
• DUI Expungement: Eligibility for Expungement
• DUI Expungement in Ohio