Expunge Motion
An expungement, or sealing, of a criminal record is a short legal process or motion that can clear criminal convictions including DUI from a person's record. The expunge motion is allowed whenever probation period has successfully ended, and is allowed under your state's Penal Code. An expungement takes place when a legal action filed with the court in which the conviction occurred and a request is made to have the criminal conviction reversed, set aside or dismissed. This process applies to most misdemeanor and minor felony cases.
There are alternative ways to set aside a conviction for serious felonies. Please not that not all convictions can be expunged. If you are now on probation, the law requires that probation end before you can do an expungement. Typically, they file a separate motion to terminate probation (allowed under your state's Penal Code which then allows you to proceed with an expungement after a hearing on the motion to terminate probation. The purpose of an expungement is to clear a history of criminal charges (adult and juvenile), that might adversely affect your chances of employment or education.
Getting your record expunged can affect many factors in your life and it is advised that you seek the advice of a law firm such as ours, since our attorneys have experience in such matters. If you are wondering, how does an expungement motion work? Technically, an expungement is a motion to withdraw a plea retroactively. This means that a judge re-opens your case, and for good cause as allowed under the law, allows you to withdraw your plea of guilty or no contest, and then dismisses your case nunc pro tunc (which is a latin legal phrase basically meaning “retroactively”).
Because your case is now a dismissed case, and not a conviction on your record, you can truthfully state, when applying for a job and on other applications, that you were never convicted of the crime formerly on your record.
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