Our Indianapolis DUI lawyers get calls all the time from clients looking for an expungement. Perhaps they’re looking to apply for a certain job and need their criminal history to be clean. Or they may be applying to law school and need a letter confirming that the court is in the middle of processing your request. The problem with a DUI conviction is that it can never be expunged. This can be very frustrating. It’s hard to imagine that one mistake can follow you around for the rest of your life. Unfortunately, that’s the way it is in Indianapolis and most major cities in the United States.
Once people realize that their DUI conviction can’t be expunged, they regret not having an attorney handle their DUI case. While having an Indianapolis DUI lawyer can’t guarantee that your charges will be dropped or reduced, it can’t hurt to have an attorney by your side. They know the law and they know what to look for. They’ll check to see if they can poke holes in the prosecutor’s case. The best thing to do is get the charges cleared the first time around so you don’t have to worry about getting an expungement later.
Most Misdemeanor Cases in Indiana Can Be Expunged
For the most part, if you’re convicted of a misdemeanor in Indiana, you can try to get the records expunged. For example, if a person is convicted of a misdemeanor battery, they can petition the court to have the record expunged. They have to wait at least a year from the date the initial case was resolved. Then they just have to fill out the requisite paperwork, pay the $156 filing fee and hope that the court approves their request. If you’re looking to have DUI charges or a conviction expunged, it’s not so easy.
Your Indianapolis DUI Lawyer Can Request to Get a DUI Arrest Expunged
As noted above, Indiana doesn’t allow you to get a DUI conviction expunged. However, your Indianapolis DUI lawyer can request that a DUI arrest or charge be expunged. Just because you’re arrested and charged with drunk driving, that doesn’t mean you’ll be convicted. All sorts of things can happen.
The charges could be reduced or dismissed. Your attorney may get the prosecutor to approve a diversion program. Every case is different so there’s no telling what will happen in your case. One thing is clear. If you were not convicted, then you can petition the court to have your arrest record expunged.
The State Doesn’t Allow DUI Convictions to Be Expunged
It’s impossible to get your DUI conviction expunged in Indiana. This is why it’s critical that you hire a seasoned Indianapolis DUI lawyer from the start. If you have a qualified attorney by your side, you have the best chance of getting the charges dismissed or reduced. There are no guarantees. However, it does improve your chances if you have someone there who’s handled dozens of DUI cases before.
You want to hire your attorney as soon as possible so they have time to prepare your defense. The stronger a defense they present, the better your chances are of walking away. Since this is the only way you’ll be able to protect your criminal history, it’s worth every penny to retain a defense lawyer.
If You Have Multiple DUI Arrests Things Will Be More Difficult
It’s important to take note that the court can deny your request to have a DUI arrest or charge expunged. If you have prior arrests for DUI, the court is probably going to deny your request. The last thing the courts want to do is give the impression that drinking and driving isn’t a serious offense. They need to protect the public and the best way to do that is to pursue drunk driving cases aggressively.
Call and Meet with an Experienced Indianapolis DUI Lawyer Right Away
As you can see from the discussion here, you won’t be able to get your DUI conviction expunged in Indiana. The best your Indianapolis DUI lawyer will be able to do is get your arrest expunged. If you were arrested and charged with DUI but not convicted, this may be an option. Even in these cases, an expungement is not automatic. Every case is unique.
This is why it’s in your best interest to call and talk to an experienced Indianapolis DUI lawyer sooner rather than later. The more time that goes by, the more damage your criminal record can cause.