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admin | Category: Crimal Background Check | 08.03.2014
Expungement is the process in which a person who was charged with a crime but cleared of any wrongdoing can go to court and request that the court erase the record of the case. Sealing a record takes place in much the same way, except that the result is the record is not erased but rather made confidential. But state lawmakers had knowledge of this practice in 2009 and passed a bill that substantially changed the expungement and sealing process. The court shall not order the sealing or expungement of records of minor traffic offenses, unless the petitioner was arrested and released without charging. Likewise, an arrest for driving while license suspended or revoked is a Class A misdemeanor. The change in the expungement statute is important for anyone with a traffic court date because now a ticket can be a permanent record. The point to having your records sealed is that you do not need to disclose your DUI arrest or conviction. A conviction for driving under the influence (DUI) can create long-term difficulties and consequences. Most states which allow expungement for DUI convictions require that a certain amount of time have passed from either the date of the sentence or the completion of probation. Other requirements typically include a history of no further alcohol-related convictions or arrests.[5] Also, most states will only expunge a first DUI conviction.

To check whether your state allows DUI expungements, visit the DUI Process website for general information on each state’s expungement laws. You can find a lawyer who specializes in expungements by visiting your state’s bar association. If the prosecutor does not object to the expungement, she will sign the form and return it to you. Then, contact your state’s Department of Motor Vehicles and tell them about the expungement.
However, if you apply for a government job or a professional license then you may need to disclose an expungement.
You can seek a stronger form of expungement called a Certificate of Actual Innocence from your local county court. The court does check your criminal record for any convictions like misdemeanors and felonies or pending charges before expunging the DUI. Commercial driver’s license holders took advantage of this law and frequently expunged moving violations to keep their driving records clean. The legislature changed the expungement statute, 20 ILCS 2630, to prohibit the court from doing so. A criminal record of any kind often holds a stigma, and you may be treated differently than those without a record.

For example, New Hampshire will allow you to apply to expunge a DUI conviction 10 years after the date of your conviction. You should get either a “rap sheet” of your criminal history or certified disposition records. Government employers often ask explicitly about whether you have had a conviction expunged, as will professional licensing boards, such as the attorney bar. For instance, if you were charged with a DUI in New York, but now live in Boston, you must return to New York to complete the expungement process. If the prosecutor does not object, the petition would be granted and the judge would issue a written order directing the circuit clerk, police department and Illinois State Police to expunge any record of the criminal case. If you have a DUI on your criminal record and you want to do something about it, you should know how to expunge a DUI.
Evidently state lawmakers were concerned about multiple CDL violators expunging their records and avoiding stiffer penalties in traffic court.

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