DUI First Offense Expungement
First offense: chances of expungement
Maybe you are applying for a job that requires a criminal background check. Maybe you are hoping to adopt a child. Or maybe you just want a clean slate. There are many reasons why you would want to have your first DUI offense expunged from your record. But is it really that easy?
Expungement vs. Pardon
A simple pardon is granted by the governor on behalf of the Commonwealth and declares that a person convicted of a crime has been officially forgiven for that crime. However, a simple pardon will not remove a conviction from the criminal record.
Pursuant to Section 19.2-392.2, Code of Virginia, individuals charged with a crime(s) in which the court rendered a disposition of not guilty, dismissed, nolle prosequi or an individual received an absolute pardon for which they had been unjustly convicted, may file a petition with the court that rendered adjudication of the case for an expungement of the record.
Making your case
Under Virginia law, your chances for an expungement of a first DUI offense are much stronger if:
- You have no prior convictions
- The offense was a misdemeanor
- The Commonwealth Attorney’s Office does not challenge your petition
- You present a clear and compelling case for expungement
Applying for expungement
In order to successfully expunge a drunk driving or DUI offense from your record, you need to present your case to a judge. Retaining an experienced DUI lawyer can benefit you and increase your changes of a successful outcome for your case.
The Leesburg law firm of Caleb A. Kershner has built a reputation helping DUI clients clean their slates in court and bring dignity back to their lives. If you want to expunge your DUI offense from your record, contact DUI lawyer in Leesburg Caleb A. Kershner.
The Law Office of Caleb Kershner represents clients throughout Northern Virginia, including: Leesburg, Sterling and the surround areas of Loudon County as well as Clark County, Frederick County, Fairfax County & Prince William County.
