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Can I Get My DUI Expunged?

Some people in the world of criminal justice, prosecution, and defense call driving under the influence (DUI) arrests or convictions on a person’s record not a mark but a stain. A single arrest or conviction for a DUI stands out, turns people away from you, and is hard to get rid of, so the analogy makes sense. But like a stain, it may be difficult to clean a DUI arrest or conviction from your record but it is not impossible.

Nevada allows people to seal or expunge marks from their criminal records under certain conditions. The state is admittedly stringent when it comes to full expungement – totally erasing something from a record, and then destroying that record physically and digitally – so most of the time people actually just have their records sealed. But the effect is strikingly similar and far better than doing nothing at all.

A successful record sealing will prevent the public from seeing the DUI without first obtaining a warrant. Assuming that there are no other marks on your criminal and driving record, you are also legally allowed to tell people that you have never been arrested or convicted of a DUI. This is a monumental benefit because most places of employment, landlords, lenders, and educational institutions will turn away applicants with misdemeanors or felonies, including DUIs, on their records without so much as a second thought.

How Do You Get a DUI Expunged or Sealed?

Nevada has plenty of rules about covering up or effectively hiding DUIs on records. If you know what you are doing and get the help of a DUI attorney, though, it is nothing to worry about. In fact, if you were arrested but never convicted, you can just file a petition of sealing to the clerk in the county that recorded your arrest and it should be taken care of without much trouble. (You may still want a lawyer’s guidance if you don’t know where to get this form, how to fill it out, or where to file it.)

If you were convicted of a DUI, the entire matter is a little more complicated. Before anything can be done, you will need to complete all sentencing requirements related to your conviction, or meet satisfactory conditions for early release or reduced penalties. If you were ordered to complete probation, a reentry program, or a drug- or alcohol-treatment program, they must be completed. If you have to pay money to the state through fines, all payments must be completed. Lastly, you will need to wait a certain amount of time from when you were released from custody or completed sentencing.

  • If you were convicted of a DUI without extraneous circumstances, it is probably a misdemeanor and you would need to wait at least 2 years.
  • If you were convicted of a DUI with an exorbitant blood alcohol concentration (BAC) level, or that resulted in someone’s injury or death, it may be a felony and you may need to wait 7 to 15 years, depending on the details of your arrest and prior criminal record.

A Reno Expungement Attorney Can Help

The intricacies of Nevada’s criminal justice system thankfully do not have to be faced alone. If you need to expunge or seal a DUI on your record, you can retain the legal assistance of Reno DUI Attorney Fey of The Law Office of Walter B. Fey. Call 888-FEY4DUI today to begin reshaping and protecting your future after a DUI arrest or conviction.