One of the most common questions among commercial drivers who have been arrested and convicted of a “DUI” is whether a “DUI” can be “erased” from their record. The answer to this common question can be confusing because when a driver is arrested for a “DUI” two separate actions are created at the same time.
1. A criminal case with the court.
2. A driver’s license suspension with the DMV.
Courts and the DMV are separate entities. Each maintain their own records, enforce their own rules and, and impose their own punishments.
A criminal conviction does remain on your record permanently, however, upon presenting a petition to the court, your “DUI” can most likely be erased (also called “expunged” or “dismissed”) from your record once the judge is satisfied that all court requirements have been fulfilled. This means that once your probation is complete and all probationary conditions have been met, a petition to expunge your conviction can be presented to the court. The “probationary conditions” are things such as completion of your alcohol program, and payment of fines and fees. Once those obligations are satisfied, the court will consider a petition to expunge/dismiss your case.
It is important to note that the DMV’s records are separate from the court’s criminal records. A “DUI” charge remains on your DMV record for a period of 10 years and a two-point score is assigned to your driver’s license record. A violation in the driving record cannot be erased, however, there have been, and could be other circumstances which may increase the possibility of erasing the DUI charge from your DMV record once a court’s dismissal has been granted.
The safest and most effective way to clear a “DUI” is through a qualified attorney. At Erase-A-Ticket, our practice is devoted to handling traffic tickets, DUIs, and expungements for truckers and Class “C” drivers. Our experienced attorneys are committed to defending our clients in traffic matters, as well as petitioning the courts to obtain expungements of many types of criminal convictions.
If you have a record that you would like to have expunged, please contact the attorneys at Erase-A-Ticket for more information. We’d be happy to help you.