Expunge Motion
An expungement motion of a criminal record is a legal procedure where criminal convictions including DUI from a person's record may be erased. An expungement motion is allowed whenever probation period has successfully ended, and is allowed under your state's Penal Code. An expungement takes place when a legal action filed with the court in which the conviction occurred and a request is made to have the criminal conviction reversed, set aside or dismissed. The expunge motion applies to most misdemeanor and minor felony cases.
There are different ways to put aside a conviction for serious felonies. Please not that not all convictions can undergo the expunge motion. If you are now on probation, the law wants that probation end before you can do an expungement. Typically, they file a separate expunge motion to exit probation (allowed under your state's Penal Code which then allows you to go ahead with an expungement after a hearing on the motion to stop probation.
The sole reason of an expungement is to clear a history of first DUI criminal charges (adult and juvenile), that might adversely affect your chances of employment or education. Getting your record expunged can affect many factors in your life and it is recommended that you try the advice of a law firm such as ours, since our attorneys have experience in such matters. If you are wondering, how does an expungement work? Technically, an expungement is a motion to withdraw a plea retroactively. This means that a judge re-opens your case, and for good cause as allowed under the law, allows you to withdraw your plea of guilty or no contest, and then dismisses your case nunc pro tunc (which is a latin legal phrase meaning “retroactively”).
Now that your drowsy driving case is dismissed, and not a conviction on your record, you can honestly state, when applying for a job and on other applications, that you were never convicted of the crime formerly on your record. Please note that this doesn’t apply to everything – certain federal and state government applications ask you, under penalty of perjury if you have ever had a case expunged or cleared from your record, and you have a duty to answer this truthfully, or face charges of perjury.
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