How to Expunge a DWI
- 1). Contact the department responsible for keeping criminal records in the state in which you were convicted. Some states use a Department of Justice, while others use a branch of law enforcement.
- 2). Request a criminal history from the department in appropriate manner. This can be done through the mail. You may be required to submit fingerprints, government issued photo I.D. and pay a fee. Travel to you local police station to have a fingerprint card filled out, and mail it in with your request.
- 3). Look at your criminal history. Note the date of conviction for your DWI. Note the exact type of conviction recorded.
- 4). Investigate how to challenge or expunge your record. Usually, there are instructions on the same website from which you requested your criminal record. You may need to search the state's revised statutes or Attorney General's rule book for the rules and procedures.
- 5). Figure out if you are eligible for expungement. Some states require a certain amount of time after conviction to be eligible. Other states restrict violent crimes, felonies or crimes involving children from being expunged.
- 6). Apply for expungement in the appropriate manner and pay the fee. In certain states you may apply for expungement through the mail. Others require you to petition in person with the clerk at the convicting court.
- 7). Await a judgment from the state government. Requests for expungement are usually heard in a closed session by a judge with a prosecutor and public defender present. You will be notified through the mail.
