How can expunge a previous conviction of a zero tolerance DUI

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How can expunge a previous conviction of a zero tolerance DUI

Convicted August of 2016
Blew a .05 at the age of 19

Asked on July 31, 2018 under Criminal Law, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Fortunately for you, you can expunge DUI in South Dakota (unlike many other states, which do not allow DUI expungement). You can only do so if the DUI was a misdemeanor (the less serious category of crime) and not a felony (the more serious category); if this was your first or second DUI, it should have been treated as a misdemeanor and you should be expungement eligible; you can check whether you are by reviewing your conviction. If you are eligible for expungement, hire an attorney to help you: there's a lot of paperwork, you need to submit to a chemical dependency evaluation, and you should submit character references, too. A lawyer experienced with expungement will greatly increase your chance of success.


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