You may be wondering if it is possible to have your OUI conviction expunged from your record. The short answer is no. An expungement order is a court order to remove and destroy records so that no trace of the information remains. There are two instances, as it relates to DUI, where your record may be expunged. First, a judge may have your name changed to “John or Jane Doe” on the criminal complaint and expunge your record if someone was charged and convicted using your name and you are innocent. Second, if you have a juvenile arrest record, a judge has the authority to expunge the DUI if the case was dismissed due to lack of evidence.
Having your records sealed on the other hand is a different story. When records are sealed, they do not disappear, they continue to exist but become unavailable to the public. If your charge resulted in a “not guilty,” “no probable cause,” “dismissed,” or “nol prossed” disposition, a written motion may be filed or a hearing may be had before a judge to have the record sealed. The burden on the defendant is high which is why is it important to contact Attorney Stephen L. Jones to discuss your case.
If your misdemeanor charge resulted in a conviction, and it has been five years since the conviction (three years for a juvenile delinquency disposition and ten years for a felony) or any period of incarceration, and there are no new criminal convictions or imprisonment in Massachusetts or elsewhere in the last three years, you may apply to have your record sealed. You should know that the sealed record will most likely be available for imposing sentences in subsequent criminal proceedings.
