Can A DUI Be Expunged?
No. Tennessee law does not allow the expungement of DUI convictions. This means that a DUI conviction will stay on your criminal and driving records for life. You can only erase from your record a DUI charge by getting a judge to dismiss your case or having your DUI charge reduced to an expungable offense, such as reckless driving.
Each DUI case is unique, and some factors and laws may apply to others, but they may not apply to yours. In this light, get legal guidance from a Murfreesboro DUI attorney promptly to have your case reviewed and learn about the best legal options available to you.
What DUI Cases Can Be Expunged in Murfreesboro?
While you cannot expunge a conviction for DUI, you can expunge a DUI case under the following circumstances:
- A judge dismissed your DUI case
- The police arrested you but released you and did not charge you with DUI
- A grand jury returned a no bill or no true bill. This means the jury decided not to indict you after hearing the prosecution’s case against you because they believe the case is weak or the evidence is inadequate.
- A nolle prosequi judgment was entered in your DUI case. This means that the prosecution has decided not to pursue your case.
- The jury or judge determined that you were not guilty at trial
- A judge reversed your DUI conviction on appeal. In this case, your DUI record can be expunged for free
In addition, as mentioned earlier, a DUI conviction that started as a DUI charge but was pleaded down to a less serious crime may also be expunged. The perfect example of this is a DUI charge that was reduced to a reckless driving charge. So, while you can’t expunge a DUI conviction, you can expunge a reduced offense like reckless driving. The same goes for reckless endangerment, which is another less serious crime that is often reduced from a DUI charge.
Reckless driving is an offense that is considered a class B misdemeanor. Barring other circumstances that may make someone ineligible for expungement, they will only have to wait five years to expunge their reckless driving conviction. Take note, however, that prosecutors typically offer to reduce a DUI charge to a reckless endangerment or reckless driving charge only for first-time DUI offenders.
Regardless of the circumstances of your DUI case, an experienced Murfreesboro DUI attorney will know how to navigate the legal process and can advise you of the most appropriate options that will secure the best results for your particular situation. If any of these situations apply to your DUI case, talk to a Murfreesboro DUI attorney right away. Remember, until you have successfully expunged your DUI case, it will remain on your record.
Fight Your DUI Charge With Our Murfreesboro DUI Attorney
When facing a DUI conviction, whether a charge reduction, a dismissal, or going to trial to get an acquittal is the best option, it will significantly depend on the circumstances of your case. Attorney Joshua T. Crain, our Murfreesboro DUI attorney, can review the case against you to figure out how to secure the most favorable results for you. Call 615-848-2088 or contact us online to schedule your case assessment now.