If you are charged with a DUI in Missouri or Kansas, the Kansas City DUI lawyers at the Kane Law Office and KCticketlaw are centrally located in downtown Kansas City, Missouri, and have the experience and expertise to aggressively defend your criminal and administrative Kansas driving under the influence (DUI) charges, Missouri driving while intoxicated (DWI) charges, or related charges resulting from a refusal to submit to blood, breath, or urine testing.
An expungement is a court-ordered process in which the legal record of an conviction is erased in the eyes of the law. An expungement deals with an underlying criminal record, however it is a civil action in which the subject asks the court that records be expunged.
Each state has varying laws, but generally, once a conviction is expunged, it is removed from the public record, and the individual may legally deny or fail to acknowledge having been arrested/charged with a crime which has been expunged.
Missouri DUI Expungements
In Missouri, DUI expungements are addressed in Missouri Revised Statutes Section 577.054. In general, to get a DUI expunged, there has to be a few criteria that are met:
- The charge was the 1st alcohol-related driving offense
- The charge must be at least 10 years old
- The charge must have been a misdemeanor charge, not a felony offense
- The person must not have faced any subsequent alcohol related driving charges, or have any charges pending at the time of expungement proceedings
Kansas DUI Expungements
To get a Kansas DUI expunged you have to file a petition with the court from which the conviction originated from and usually have a hearing in front of a judge.
In the past decade, laws regarding DUI expungements in Kansas multiple times. Currently, Kansas law states that a first-time DUI can be expunged 5 years after the diversion, sentence or probation was completed.
A second or subsequent DUI takes 10 years to get expunged.
If you are needing more information regarding an expungement in Missouri or Kansas, contact KCticketlaw for assistance.