How long does a Kansas DUI conviction stay on your criminal record?
Forever – perhaps.
However, after at least five years after you have completed a probation, and at a judge’s discretion, you may be able to have a first-time conviction expunged (removed). A second or subsequent DUI can be expunged after 10 years. While the conviction may still show up under certain government records or background checks, you can reduce the possibility of an employer or other organization learning about your DUI conviction.
Expunging a DUI is not easy, but the benefits can be very much worth it. Here is how a Kansas DUI lawyer may enhance your chances of success.
Kansas DUI Lawyers can Help You Achieve an Expungement
An expungement is a legal process which requires that a petition be filed, the other party be served and, in many cases, that a hearing be set. The proper procedure must be honored. At the end of the day, it is up to a judge’s discretion whether to grant the request for expungement.
For these reasons, having an experienced Kansas DUI lawyer at your side is critical. He or she can help you prepare your request for expungement with all of the relevant details that enhance your odds of success.
For instance, your attorney can document an impeccable probationary record and clean urine tests during your supervision, as well as maintaining a clean record since the time of the conviction. Participating in community events, volunteering with a charity or working hard at a career can similarly demonstrate the sort of strength of character judges look for when deciding whether to grant an expungement request.
These factors must be assembled into a compelling, truthful narrative that stands up to scrutiny. Judges commonly speak directly with the person who has been convicted to measure his or her sincerity. Sometimes, the judge will require that the person take a urine test before granting an expungement.
Naturally, handling all these details by yourself can be intimidating. On top of that, you may not have the wherewithal to file the request properly and provide the necessary documentation to back up your request. For these reasons, a Kansas DUI lawyer may prove invaluable when trying to have your conviction removed.
When Can You Request an Expungement of a DUI?
A DUI, in violation of Kansas statutes §8-1567 or a refusal to submit to a test in violation of K.S. § 8-1025, requires a waiting period of five years before an expungement request can be filed.
Second offenses for either of the above crimes require a 10-year wait.
If you would like to know more about the expungement process, contact a Kansas DUI lawyer at Norton Hare today for a free consultation.