If you are charged with even a first offense DWI in North Carolina, you face harsh penalties, such as a jail sentence, fines, and driver’s license suspension. You also face the long-term consequences of a permanent criminal record. Unfortunately, expungement of your DWI is only possible under limited circumstances in our state.
Does Your DWI Meet the Requirements for Expungement?
When an expungement is approved by a judge, the criminal record of the conviction is destroyed.
A new law passed in December 2017 makes it easier for some individuals to obtain an expungement of their criminal convictions for nonviolent misdemeanors and felonies.
The law reduced the waiting period for an expungement of a nonviolent misdemeanor from 15 to 5 years and a nonviolent felony from 15 to 10 years. It also eliminated the number of expungements a person would be entitled to when a criminal charge is dismissed or the person was found not guilty.
Unfortunately, DWI’s are excluded from the definition of nonviolent misdemeanors under this law and are ineligible to be expunged. You are only able to obtain an expungement of a DWI in very limited circumstances. This includes:
- Your DWI case was dismissed.
- You were found not guilty of DWI at a trial.
How to Get Your DWI Expunged If You Qualify
If your DWI was dismissed or you were found not guilty, your criminal case is not automatically expunged. You must file a petition in the county where your DWI case was being heard. You should retain an experienced DWI lawyer to file your petition to be certain that the proper procedures are followed and so that it is granted.
Have You Been Arrested for a DWI in Charlotte, NC?
If you are facing DWI charges, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation.