New DUI Expungement Law

Beginning October 1, 2014, an individual who has been convicted of a first offense DUI may petition the sentencing court to have the conviction expunged.  The restrictions to having the conviction expunged are as follows:

1. You cannot have held a commercial driving license or permit.

2.  Five years must have passed since the conviction

3. You must have successfully completed all terms and conditions of the sentence imposed for the conviction;

4.   Did not refuse to submit to a test of his blood or breath;

5.  Your blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results were available;

6. You do not have pending any other offense of driving under the influence; and

7.  And can provide the court with justification as to why the conviction should be expunged.

It remains to be seen what interpretation the courts will employ in determining “justification”.  The most likely scenario will involve a person’s attempt to gain employment and/or admittance to an educational institution.

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