Remain In Good Standing and Allow Time to Elapse Since Conviction
Courts will only consider DUI driving record expungement following a certain period of time. Applicants may also be disqualified for expungement consideration if they receive any additional criminal charges in the interim. DUI driving record expungement is categorically denied to those convicted of another criminal offense after receiving their conviction or serving their sentence for a DUI offense.
Submit Expungement Application
An application for DUI driving records to be expunged usually takes the form of a petition delivered to a court. The specific document to be submitted, and the surrounding steps required for it to be processed, however, can vary both according to jurisdiction and case. In general, a petition for DUI driving record expungement will include both an affidavit and a motion for relief. Applications are subject to review by judges. They may also have to be submitted to a District Attorney, and part of the application may also have to be signed by a judge before being submitted.
Payment of Transaction Fees
In order for DUI driving records to be expunged, the application must be submitted with the required transaction fee. DUI driving record expungement proceedings may cost at least $100, and can cost as much as $400.
Courts will require applicants for DUI driving record expungement to allow a reasonable period to elapse during which their application can be considered, either for approval or rejection. The processing of a DUI driving record expungement application can vary in the time required according to both jurisdiction and case.
In general, expungements, either for felony or misdemeanor-level DUI driving records, can take up to 6 weeks to be processed. An application specifically for a misdemeanor-level DUI driving record can take as short as 2 weeks to be fully processed. Felony-level DUI driving records, meanwhile, can be approved for expungement in as short a period of time as 4 weeks.
Wait Before Full Effectiveness
After the jurisdictional authority has granted approval for a DUI driving record to be expunged, then the next stage for the applicant is to allow the record’s removal and deletion, or isolation, to fully take place. When the court system has fully updated its documentation, then the relevant DUI driving records will have been effectively expunged.
Courts will generally update DUI driving records over the course of 2 days. If federal agencies contain any information related to DUI driving records, however, then effective expungement will take a much longer time. The FBI and other federal law enforcement agencies can take as long as 60 days to fully update their records. The exception to this rule comprises the Department of Justice, which typically requires a 30-day waiting period for expungement to go into effect.