If you’ve ever been convicted of a DUI, you’re probably already well aware of the disadvantages of having a DUI on your record Even if you’ve paid your debt to society through fines or community service, you can still face negative consequences long after your conviction. If you’re hoping to fill out a job application in the near future, expunging a DUI in Rhode Island is a smart path to explore. Most people who have been convicted of a DUI in the past will inevitably find themselves in this position. Convictions like this can make a serious impact on the goals you’re trying to achieve. Expungement of a DUI is the process of removing a criminal conviction off of an individual’s record. In this article, you’ll find everything you need to know about expunging a DUI in Rhode Island.
What is an Expungement?
Expungement, which is sometimes called expunction, is when a criminal charge is legally sealed off or removed from an individual’s record. There are different processes and guidelines for filing for an expungement, but that will depend on the type of crime, the severity of the crime, and where it was committed. An arrest or conviction that has been expunged is sealed off from the public. After expunging a DUI in Rhode Island, it doesn’t need to be reported by the person who was convicted. However, it’s important to remember that the conviction doesn’t completely disappear from certain government agencies or law enforcement officials. For instance, in an immigration case, government officials can still gain access to a criminal conviction, even if it was expunged. In addition, if another crime is committed after the expungement has been processed, it will still appear on the record.
What is the Process of Expunging a DUI in Rhode Island?
If you’ve been charged with a DUI, the first thing you should know is that you must wait a period of five years before you can begin expunging a DUI in Rhode Island. This period of time is specific to nonviolent misdemeanors. For a nonviolent felony charge, you must wait a period of 10 years before you can file for a charge to be expunged. If you plan to file for an expungement of your DUI, you must contact the attorney general’s office at least ten days in advance of the actual hearing date you’ve received by the courts. You may be able to move forward with your expungement if you’ve (1) waited the required five years, (2) you haven’t been convicted or arrested since the first DUI conviction, (3) you have no pending criminal cases, (4) you can show examples of good behavior and moral character since the DUI conviction, (5) you’ve fulfilled all of the requirements from the first conviction (i.e. fines have been paid, community service hours completed, etc).
If the courts agree that all of the prerequisites have been fulfilled, the expungement motion will be granted and you will be asked to pay a fee of $100. Once the fee has been paid, the expungement will go into effect and your conviction will be sealed.
Why is Expunging a DUI in Rhode Island Beneficial?
If you’re reading this, you probably already know that expunging a DUI in Rhode Island is advantageous. However, it’s important to know all of the reasons why it’s beneficial to follow through with the process. Expunging a DUI in Rhode Island means that you don’t have to list this charge on job applications. Anyone who has been on the hunt for unemployment knows that checking the criminal charges box can put you at a serious disadvantage. You also don’t have to mention the DUI in a job interview because it will be sealed from your background check. This is obviously also an advantage for other things like renting an apartment, purchasing a home, applying for a mortgage, volunteering, credit card applications, or internships. Expunging a DUI in Rhode Island means never having to mention the conviction for circumstances like this in the future.
For More Information on Expunging a DUI in Rhode Island
It’s never recommended to attempt to go through the expunging process alone. It can be a time consuming, confusing, and complex procedure. It can be tiring and frustrating to go through it on your own and not receive the desired results. Don’t waste your valuable time and money doing it the wrong way. The legal professionals are there to help you if you’re hoping to expunge a DUI. It’s always best to contact a DUI lawyer to receive the guidance that you need to get the expungement filed properly. If you or someone you know has been charged with a DUI and it’s been five years since the arrest, you can start the process as soon as possible. Contact an experienced DUI lawyer today to learn more about your options!