What Is Dui Expungement?
A conviction for a DUI can be expunged, or eliminated from your criminal recordfor most purposes, five years after you have either been released from custody or completed your term or probation or postrelease supervisionwhichever came last. The expungement does not occur automatically, but will only happen if you file a motion with the court, and demonstrate that it is in the best interest of justice to expunge your conviction. Once your arrest and conviction is expunged, you need not reveal the fact that you were arrested or convicted except under very specific situations that are provided by law. The expunged conviction, however, will still be included in your criminal history if you are ever again convicted of a crime.
This FAQ provided courtesy of Hulnick Law Offices.
Other Kansas Drunk Driving Defense FAQs
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Q:
What Is A Dui?
A: In Kansas, the charge of Driving Under the Influence of Alcohol or Drugs (DUI) means that you operated or attempted to operate a vehicle when, because of the ingestion … More -
Q:
How Can I Defend A Dui Charge?
A: In order to defend against such a charge, you must be ready and able to demonstrate, either through independent witnesses who can attest to your lack of intoxication, … More -
Q:
Why Is Criminal Charge And A Civil Case In A Dui?
A: If you have been arrested for DUI, there are two distinct and separate aspects of your case: the criminal charges, which can result in fines, jail time, and loss of … More -
Q:
What Is The Administrative Hearing?
A: The length of suspension that you face depends upon whether you refused the chemical test or whether you failed the test, whether this is your first test failure, and … More -
Q:
What Happens At The Administrative Hearing?
A: If you request an administrative hearing, in a timely manner, your driving privileges cannot be suspended until a decision has been made by the hearing officer. Prior … More -
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What Are The Potential Criminal Penalties?
A: Aside from the administrative suspension of your driving privileges, the criminal charge of DUI carries fines, potential jail time, and suspension of your driving … More -
Q:
What Are The Potential Criminal Penalties For A First Conviction?
A: A first conviction for DUI is a Class B misdemeanor. The potential sentence is 48 hours to six months in jail. The person must serve at least 48 hours, unless the … More -
Q:
What Are The Potential Criminal Penalties For A Second Conviction?
A: A second conviction for DUI is a Class A misdemeanor. The potential sentence is 90 days to one year in jail. The person must serve at least five days, but after 48 … More -
Q:
What Are The Potential Criminal Penalties For A Third Conviction?
A: A third conviction for DUI is a felony. The sentence includes 90 days to one year in jail. Ninety days imprisonment is mandatory, but after 48 hours in jail, the judge … More -
Q:
What Are The Potential Criminal Penalties For A Fourth Conviction?
A: A fourth conviction for DUI is also a felony. Like a third conviction, there is a minimum sentence of 90 days. A person convicted of a fourth or subsequent DUI, … More
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