I was wondering if it was possible to have my criminal record sealed or cleared?

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I was wondering if it was possible to have my criminal record sealed or cleared?

I have a DUI in 1999 and DUI in 2003, Driving after revocations in 2006 and 2007 and one trespassing offense, small possession on marijuana and obstructing justice. I uderstand if not all can be cleared but my criminal record is keeping me from getting a good job.

Asked on April 20, 2009 under Criminal Law, South Dakota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think you should have considered this sooner.  You have a history and a long one  (10 years) of criminal behavior.  Clearing a criminal record, known as "expungement", depends in large part on other bad acts.  And you have them.  Additionally, the courts in these cases will look to see when the last offense was.  2007 is just too recent.

Expungement is not  a right.  It is up to the discretion of the court.  Based on the facts that you have presented I think your chances of having any of these acts cleared off your record are slim to none.

However, if you want to check with a criminal attorney in your area possibly they will have a different view.  To get help in finding one try www.AttorneyPages.com

Good luck.


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