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D.U.I./Criminal and Traffic Defense Glossary Terms

Expungement

A legal “wiping the slate clean”. An Order of Expungement allows someone convicted of a crime to have negative legal information removed from their criminal record. Expungement may be granted by the original sentencing court and prosecutor following a motion for Expungement filed by an attorney. Depending on the state, certain criminal records may not be eligible to be expunged. These records ineligible for Expungement may be specific to the crime like domestic violence, gun related crimes, driving under the influence, and sexual predator or may be specific to the number of counts of crime in one guilty plea and/or repeated criminal activity. When deciding an Expungement order, situations related to the original crime (youth, first offense, etc.) and the current law-abiding behavior (or not) of the person originally convicted will be taken into consideration. Persons with an expunged record may legally report on an employment application that they have no convictions.

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