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DUI Expungement Lawyer: What You Need to Know About Expungement in DC

 

Expungement in DC can clear your criminal record and give you a clean slate. Call a DUI expungement lawyer in DC to learn about the process and requirements.

Expunging or Sealing Criminal Records in Washington, DC

DUI conviction can go beyond punishment and fines. The primary reason is that it can be tough to get a job when employment applications ask if you have ever been arrested or convicted, and potential employers may make you agree to a background check.

It may be hard to get people to trust you even if many years have passed and you have never been in trouble since. Having your criminal conviction record expunged may allow you to finally put the past behind you and get on with the rest of your life.

The information provided is simply that general information, not legal advice. Each case has a different set of facts, and it is best to contact a Washington, DC, expungement lawyer to get a more accurate answer.

 

What Does It Mean to Have a Criminal Record Expunged or Sealed in Washington, DC?

In Washington, DC, having your criminal record expunged or sealed means removing your arrest record and criminal history from public view in accordance with the Criminal Record Sealing Act. This means you can legally say you have not been arrested or convicted.

For example, in California Penal Code section 17(b), a felony conviction that resulted in probation but not prison time can be expunged, and some are eligible for reduction to misdemeanors.

However, certain institutions, such as the superior court, require you to disclose even sealed or expunged arrests or convictions. Most private employers do not require such disclosure. Please consult an expungement lawyer if you have specific questions, as this is not legal advice.

What Crimes Can Be Expunged or Sealed on a D.C. Criminal Record?

 

The first thing that must be determined is whether we are talking about an arrest or a conviction. It is much easier to have an arrest expunged than a felony conviction.

If you were arrested and not convicted, two years must pass to seal an eligible misdemeanor, or five years must pass for any other offense. Ten years must pass to seal a conviction of an eligible misdemeanor or Failure to Appear felony.

To understand these laws, consulting with a knowledgeable attorney would be best. A DUI expungement lawyer with experience in misdemeanor DUI convictions, felony convictions, and matters related to state prison, and know how to get your arrest records and conviction expunged.

 

 

What Crimes Are Eligible for Expungement or Sealing in Washington DC?

 

 

 

Any crime that either did not occur or you were innocent (this is NOT easy to prove), failure to Appear (the only eligible felony), or a misdemeanor not explicitly excluded. All felonies and these 40 misdemeanors are excluded:

  1. An intrafamily offense, as defined in § 16-1001(8);
  2. Driving while intoxicated, driving under the influence, and operating while impaired (§ 50-2201.05);
  3. A misdemeanor offense for which sex offender registration is required according to Chapter 40 of Title 22, whether or not the registration period has expired;
  4. Criminal abuse of a vulnerable adult (§ 22-936(a));
  5. Interfering with access to a medical facility (§ 22-1314.02);
  6. Possession of a pistol by a convicted felon (§ 22-4503(a)(2) [see now § 22-4503(a)(1)]);
  7. Failure to report child abuse (§ 4-1321.07);
  8. Refusal or neglect of guardian to provide for a child under 14 years of age (§ 22-1102);
  9. Disorderly conduct (peeping tom) (§ 22-1321);
  10. Misdemeanor sexual abuse (§ 22-3006);
  11. Violating the Sex Offender Registration Act (§ 22-4015);
  12. Violating child labor laws (§§ 32-201 through 22-224) [§§ 32-201 through 32-224];
  13. Election/Petition fraud (§ 1-1001.08);
  14. Public assistance fraud (§§ 4-218.01 through 4-218.05);
  15. Trademark counterfeiting (§ 22-902(b)(1));
  16. Attempted trademark counterfeiting (§§ 22-1803, 22-902);
  17. Fraud in the second degree (§ 22-3222(b)(2));
  18. Attempted fraud (§§ 22-1803, 22-3222);
  19. Credit card fraud (§ 22-3223(d)(2));
  20. Attempted credit card fraud (§ 22-1803, 22-223) [§§ 22-1803, 22-3223];
  21. Misdemeanor insurance fraud (§ 22-3225.03a);
  22. Attempted insurance fraud (§§ 22-1803, 22-3225.02, 22-3225.03);
  23. Telephone fraud (§§ 22-3226.06, 22-3226.10(3));
  24. Attempted telephone fraud (§§ 22-1803, 22-3226.06, 22-3226.10);
  25. Identity theft, second degree (§§ 22-3227.02, 22-3227.03(b));
  26. Attempted identify theft (§§ 22-1803, 22-3227.02, 22-3
  27. Fraudulent statements or failure to make statements to employees (§ 47-4104);
  28. Fraudulent withholding of information or failure to supply information to an employer (§ 47-4105);
  29. Fraud and false statements (§ 47-4106);
  30. False statement/dealer certificate (§ 50-1501.04(a)(3));
  31. False information/registration (§ 50-501.04(a)(3)) [§ 50-1501.04(a)(3)];
  32. No school bus driver’s license (18 DCMR § 1305.1);
  33. False statement on Department of Motor Vehicles document (18 DCMR § 1104.1);
  34. No permit – 2nd or greater offense (§ 50-1401.01(d));
  35. Altered title (18 DCMR § 1104.3);
  36. Altered registration (18 DCMR § 1104.4);
  37. No commercial driver’s license (§ 50-405);
  38. A violation of building and housing code regulations;
  39. A violation of the Public Utility Commission regulations; and
  40. Attempt or conspiracy to commit any of the foregoing offenses (§§ 22-1803, 22-1805a).

The expungement or record sealing process can be very confusing to understand, and the application may be challenging to complete. The burden of proof is on the applicant to show clear and convincing evidence that meets all of the statutory requirements for relief.

An attorney experienced with expungement law can help you determine if your criminal record is eligible for sealing and, if so, guide you through the process.

When a criminal record is expunged or sealed, it means that the public will no longer have access to it. In most cases, this includes criminal background checks conducted by employers, landlords, and others.

However, there are some exceptions. For example, sealed records can still be accessed by law enforcement agencies and courts for criminal investigations and prosecutions. Contact a DUI expungement lawyer for more information on the matter.

How Long Does the DUI Expungement Process Take?

The duration of the DUI expungement process can vary based on several factors. Typically, once a DUI expungement request is filed, it may take anywhere from a few weeks to several months to complete.

The timeframe depends on the specifics of the DUI offense, the workload of the court, and the jurisdiction. For instance, expungement in Santa Clara County or San Jose might differ slightly in processing time compared to other regions.

The legal process begins with filing the expungement request, which involves preparing and submitting necessary documents, possibly including a statement of the DUI arrest, DUI charges, and compliance with all terms of the sentence, such as jail time, probation, community service, or completion of a DUI program.

The district attorney’s office then reviews the request and may either agree or contest the expungement. Following this, a court hearing is scheduled where the judge will make a final decision. Including court costs and filing fees, it’s advisable to have a free consultation with a legal professional to understand the timeline specific to your DUI expungement case.

What Are the Benefits of Getting a DUI Expunged?

Having a DUI record expunged offers significant benefits. Firstly, a DUI expungement removes the DUI offense from your criminal record, allowing for a clean criminal record. This is particularly advantageous when undergoing background checks for employment, as most employers will not see the expunged DUI conviction.

It helps in securing better job opportunities and is beneficial for professional licensing and other areas where criminal convictions may have a negative impact.

Moreover, an expunged DUI record can help in personal growth and rehabilitation, symbolizing a fresh start.

While expungement does not erase the DUI arrest record completely (it can still be used against you in the case of subsequent DUI arrests or other crimes), it does alleviate many of the long-term consequences associated with having a serious offense like a DUI on your record. Particularly for those who have made a one-time mistake, getting a DUI expunged is a critical step towards moving past the incident and mitigating its impact on future opportunities.

Contact a Criminal Defense Attorney in Washington, D.C.

If you have been charged with any of these Washington, DC, drunk driving offenses or any other D.C. crime, you need the help of an experienced criminal defense attorney. The sooner you contact a lawyer, the better your chances will be of getting the charges against you reduced or dismissed.

Attorney Christopher J. Mutimer has successfully represented clients in all types of felony and misdemeanor cases in the District of Columbia. He will aggressively defend your rights and work to get the best possible outcome in your case. Call 202-630-0939 or contact us online to schedule a consultation today. Credit Cards Accepted.

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