Back on Track Program Qualifications
Five Facts About Keeping Your Record Clean
There are some very important things you need to know about your criminal record after a DUI arrest:
- You likely have a record if you have ever been arrested – even if the charges were dropped or the case was otherwise dismissed.
- Your arrest record will be publicly visible unless you take steps to have it sealed or expunged.
- Even with a court order hiding it from public view, your arrest record may not completely disappear.
- Juvenile records are typically supposed to seal automatically when someone turns 18, but this doesn’t always happen.
- If you have a felony conviction, the only way to remove it from public view is to have it sealed or expunged.
There is a way you could eradicate the record of your arrest from criminal justice agencies. Clients whose cases were dropped or dismissed might be eligible to seek expungement. Clients who successfully complete the terms of their criminal sentence or probation may be eligible to request a seal of their record if the court withheld adjudication of guilt. The sealing process can be time-consuming and tedious for the average person. I can guide you through the process, file all the necessary forms, pay fees and obtain an order from the court sealing or expunging your record.
The Difference Between Sealing And Expungement
Record sealing and expungement are two different things, but with little practical difference. If you were arrested, plead guilty or no contest to the charges, or were found guilty after a trial and adjudication was withheld, you may be eligible to apply for sealing. If your case was either dismissed by the judge or dropped by the state and did not proceed to trial, you can apply for expungement. By getting your record sealed, the public will not have access to this record. If asked if you have been arrested, you can answer “No.” Some government agencies or agencies related to the government will have access to a criminal history record that has been sealed and you cannot deny the arrest to them.
When a criminal history record has been expunged, the record is destroyed and cannot be accessed except by law enforcement or the courts, by court order. Without a signed order they will only see a statement describing that a criminal history record has been expunged. Contact a lawyer helping clients charged with DUI today!