Expunge Your DUI

If you are suffering the consequences of a criminal record, you do not need me or anyone else to tell you the limitations a felony conviction can have on your immediate and long term job prospects. Holding your breath at the prospect of every potential employer’s background check becomes old fast.

States differ in the way they handle felony convictions. In the harsher jurisdictions, like Alabama, the only individuals eligible to expunge their record are those who have charges against them dismissed or retired. In contrast, in a state like California, there is a myriad of ways that one can address their criminal record. In the gray of the expungement spectrum are states like Virginia or Tennessee that allowed for judicial diversion of certain first time offenses.

It is important that you do your research prior to deciding on what can be done with your criminal record. In addition to expungements, there are other methods depending on the state. Some states allow you to alternatively “seal” your record, such as Maryland. In some states, executive clemency can result in qualification for an expungement. This is the case in West Virginia.

Nowadays, with the job market so tight, it is imperative that you do all you can to minimize the impact of your criminal record. As unemployment seems content on remaining above ten percent nationwide for the foreseeable future, a criminal record (even a misdemeanor criminal record) can mean the difference between a successful employment application and continued joblessness.

In fact, even an accusation of criminal conduct can be detrimental to a job application. In practically every instance, a charge that has been dismissed can ultimately be sealed or expunged. In some environments, an accusation of illegal conduct can be as detrimental as an actual conviction. Despite the best intentions of human nature, the beyond reasonable doubt standard is largely a legal concept. Unlike the legal work, the business world is more prone to operating on a “more likely than not” standard. As such, it is in your best interest to erase every bit of public evidence relating your engagement with the criminal justice process.

The next step is finding competent legal counsel to assist you in addressing your record. The best thing to do is discuss your options with a licensed attorney – there are dozens of scam expungement websites happy to take your money whether or not you are eligible for relief from your criminal record. A reputable law firm experienced in criminal procedure and expungement law will not accept payment unless they can do the work for you and get the desired result (or at least be up front with you if there is some question as to whether or not your record can be sealed or expunged). Regardless, delay works against you as laws often change.

Originally published here.

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