Clearing the Record: FAQ about Expunging a DUI in Kansas

If you have a DUI in your past, there is probably not a day that goes by where you are not in some way reminded of the fact. Whether you are headed out after work for drinks with friends or having dinner with your spouse, you may be extra careful to watch your alcohol intake or arrange for a designated driver to get you home safely. You probably find yourself wishing you could take back your decision to drive the evening you were charged with a DUI. In life there are few opportunities for do-overs. Although there are no do-over per se, in Oklahoma you may be able to have your past DUI forgiven. If you have been arrested and/or convicted of a DUI it may be possibly for you to clear your record. The follows are answers to the most common questions regarding expungement.

  • What is an “expungement” and who can request an expungement from the court?

An “expungement” is the process of removing a criminal case, like a DUI, from a person’s criminal record. The current law in Kansas allows persons who were convicted of a DUI on or after July 1, 2006, to petition the court for an expungement no sooner than 10 years from the date the person completed all requirements or terms related to his or her diversion agreement or sentence. For those individuals who were convicted on or before July 1, 2006, the waiting period is five years.

  • How could I benefit from an expungement?

If you were arrested and charged with a DUI in the past you may feel as if you are being continuously punished for one very bad decision that you made a long time ago. Even though you have learned your lesson not to drink and drive, and paid the penalties deemed appropriate by the court, it may feel like you are suffering from the consequences of the DUI. A DUI on your record can result in a person paying higher auto insurance rates and even having to pay a higher interest rate on an auto loan or mortgage. Further, not only can the public access a person’s criminal record but a potential employer can do so as well. Certain employers are reluctant to hire or have strict policies against hiring a person with a DUI on his or her record. The benefit of having your DUI expunged is that this record is sealed and no longer accessible. Once the expungement is granted, a person can honestly state on a job or credit application that they have never been convicted of a DUI. However, if a person is arrested again on a subsequent DUI the former expunged DUI case can be unsealed and the new case treated as a second offense.

  • Do I need to hire an attorney to petition the court for an expungement?

Although a person is allowed by law to represent his or her own interests before the court on a petition for expungement, it is a wise decision to hire an attorney. People who choose not to hire an attorney for this type of proceeding are often under the misconception that judges automatically grant these petitions. An experienced DUI expungement attorney will make sure that the facts most favorable to your case are presented to the court.

To determine whether you could have your DUI expunged from your record you need to contact a highly skilled DUI defense attorney. With over three decades of experienced, attorney Charles E. Whitman and the team of professionals at the Whitman Law Offices, will review your case to determine whether you are able to clear your DUI from your record. Call us today at (785) 843-9460 or visit us online to schedule your free consultation. At the Whitman Law Offices, we look forward to providing you with top-notch legal services.

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