| If you've been convicted of driving under the influence | | | | not only restores rights and privileges but actually |
| of alcohol or another controlled substance, it may be | | | | removes a DUI conviction from your public criminal |
| possible to obtain a pardon for DUI. The purpose of a | | | | record. This is important for future employability and a |
| pardon is to restore all rights and privileges that were | | | | variety of other reasons. Expunging a criminal record |
| lost as a result of a felony conviction, though it will not | | | | means erases the criminal conviction, as though it |
| automatically restore any certificate or license that | | | | never happened. |
| was lost as a result of the conviction. If your driver's | | | | Effects of Expungement |
| license was permanently revoked as a result of a DUI | | | | Depending on the laws of a particular jurisdiction, |
| conviction, for example, you'll have to reapply for a | | | | obtaining a pardon can also be the first step toward |
| license upon receiving a pardon. | | | | expunging a criminal record. However, for jurisdictions |
| Application Process | | | | with liberal expungement laws, it may be best to |
| The type of application you will need to use to obtain a | | | | explore this option first. After a criminal record is |
| pardon depends on the laws of your jurisdiction. Some | | | | expunged, it can only be used in certain limited |
| factors that may affect your ability to obtain a pardon | | | | circumstances, such as applying for certain kinds of |
| for DUI include whether the conviction was a | | | | public or government offices or jobs, or to determine |
| misdemeanor or felony conviction, and whether you | | | | sentencing guidelines for future offenses. |
| can provide evidence to the court of your rehabilitation. | | | | Requirements for Expungement |
| That is, you must show the court that you are not | | | | Requirements for expunging a DUI conviction also vary |
| likely to commit the offense again. This can be far | | | | from one jurisdiction to the next, but in general, you |
| more difficult if you've had multiple DUI convictions. | | | | must meet certain conditions. First, a certain amount of |
| Felony Cases | | | | time must have passed from the conviction; most |
| In general, a pardon is reserved for felony cases. If | | | | often this is a 5-year time period. Second, many |
| your DUI conviction resulted in serious damage to life | | | | jurisdictions will only consider expunging a criminal |
| or property, seeking an executive pardon directly from | | | | record with only a single conviction. This may vary, and |
| the governor of the state where you served your | | | | may also depend on whether the crimes were |
| sentence may be necessary. There are two routes | | | | prosecuted as juvenile or adult offenses. Finally, |
| for obtaining a pardon for DUI. These are a Certificate | | | | felonies punishable by life imprisonment cannot be |
| of Rehabilitation, or a direct pardon application. | | | | expunged from a criminal record. |
| Evidence of Rehabilitation | | | | Why Pursue a Pardon for DUI? |
| In most jurisdictions, people with felony convictions who | | | | Even if it's been a long time since your DUI conviction, |
| have shown evidence of significant rehabilitation can | | | | and even if it seems completely irrelevant to a |
| go before the court to request this certificate. If the trial | | | | particular job or other type of application, employers, |
| court (usually a state superior court) issues the | | | | landlords, finance companies, and others might still be |
| certificate, it will recommend that the governor pardon | | | | unwilling to hire you, rent to you, or do business with |
| the offense. Ultimately, the decision rests with the | | | | you based on an old DUI conviction. If a few years |
| governor. | | | | have passed and you know that you will not re-offend, |
| Expungement of DUI Convictions | | | | it is worthwhile to consider obtaining a pardon for DUI |
| Before seeking to obtain a pardon for DUI, you may | | | | or expungement of your criminal record. |
| want to explore the possibility of expungement, which | | | | |