One of the most frequent questions we get from people who have had a DWI is, “Can you get a DWI expunged?”
The quick answer is Yes. When you were convicted of driving while intoxicated, you can be eligible to seek expungement for a DWI. Expungement removes a record from your history. To clear a DWI/DUI in Minnesota, having a lawyer is crucial. They guide you through the process and legal steps.
Showing That A DWI Expungement Will Yield A Benefit Equal To The Public’s Interest
In order to expunge a DWI from your criminal record, you must show that the expungement will yield a benefit to you that is at least equal to the public’s interest in maintaining the record. The courts typically believe the public’s interest to be significant in this analysis. According to a 2016 memo issued by the Department of Public Safety’s Office of Traffic Safety division, one out of every seven licensed Minnesota drivers has at least one DWI / DUI conviction.
One out of every seven. The courts naturally hesitate to grant these requests without a strong showing from the individual seeking expungement for a DWI. After all, when every one of those drivers sought expungement for their DWI, the legal system would grind to a screeching halt.
DWI Expungement Consultation
Every call will be connected to an attorney. Call us today at (651) 829-3572 or click below to schedule a consultation.
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This isn’t to say that a person who asks “Can you get a DWI expunged?” can never obtain an expungement for a DWI or a DUI charge. Instead, it’s meant to emphasize the importance of getting all your ducks in a row before approaching the court. When you file an expungement petition for a DWI and simply allege that you’re embarrassed to have this charge on your record, the court will deny your request. However, when you have evidence that this charge prevents you from finding or maintaining employment, you have a much stronger argument.
Obtaining A DWI Expungement Is Possible With The Right Attorney
For a brief period, it appeared as if DWI expungements would be impossible to obtain. However, the Court of Appeals rejected a lower court’s decision to treat DWI offenses differently from other misdemeanors and gross misdemeanors. In State v. J.E.H., the lower court reached several conclusions opposing the driver’s request to delete a DWI.
First, it held that because DWIs are enhanceable for ten years, it would be too burdensome to expect the agencies to seal these records. The Court of Appeals rejected this argument because the statute specifically allows government agencies to use sealed records for legitimate governmental purposes. Again, as there was no reason to believe that sealed records are somehow less reliable than traditionally held records, the argument was without merit.
Second, the lower court appeared to stand in as counsel for the state while arguing that alarming DWI statistics generally support a greater opposition to the expungement of a DWI. This was also without merit as it had nothing to do with this particular petitioner. Instead, it relies on generalities that deny all petitioners the opportunity to seek expungement of a DWI.
In closing, the Court of Appeals noted that the legislature made clear the factors on which the courts are supposed to consider these requests. They are specifically listed in Minn. Stat. § 609A.03, subd. 5(c)(1-12):
- the nature and severity of the underlying crime, the record of which would be sealed;
- the risk, when any, the petitioner poses to individuals or society;
- the length of time since the crime occurred;
- the steps taken by the petitioner toward rehabilitation following the crime;
- aggravating or mitigating factors relating to the underlying crime, including the petitioner’s level of participation and context and circumstances of the underlying crime;
- the reasons for the DWI expungement, including the petitioner’s attempts to obtain employment, housing, or other necessities;
- the petitioner’s criminal record;
- the petitioner’s record of employment and community involvement;
- the recommendations of interested law enforcement, prosecutorial, and corrections officials;
- the recommendations of victims or whether victims of the underlying crime were minors;
- the amount, when any, of restitution outstanding, past efforts made by the petitioner toward payment, and the measures in place to help ensure completion of restitution payment after the DWI expungement of the record if granted; and
- other factors deemed relevant by the court.
Supporting The 12 Factors Courts Are Supposed To Consider DWI Requests
These twelve factors are supposed to form the basis for the court’s analysis. When, after weighing all these factors, the court finds that the petitioner has shown they will yield a benefit from DWI expungement that is at least equal to the public’s interest in maintaining the records, the court will grant the DWI expungement. Keep in mind that each of these steps must be supported in some way; whether through supporting affidavits or through other documentation, your claims must be supported in some way. This is why it is important to have an attorney who has successfully made these claims in the past. An effective lawyer doesn’t just craft a clever argument in court; they also assist you in obtaining all evidence necessary to support your request.
Get A DWI Expunged
Every call will be connected to an attorney. Call us today at (651) 829-3572 or click below to schedule a consultation.
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Since Minnesota’s current expungement statute went into effect in 2015, the courts have generally shown hesitation to grant DWI expungements without significant showings from the petitioners. The attorneys at Leverson Budke, PLLC. proudly count themselves among the attorneys who have successfully petitioned for DWI expungements under the current law. When you have experienced significant difficulties as a result of a prior DWI conviction, and you believe you have taken necessary steps towards rehabilitation, you owe it to yourself to contact one of our Minnesota DWI expungement attorneys to discuss your options.
The process for DWI expungement can be lengthy, sometimes taking up to four to six months. Yet that time frame will never get shorter. When you believe you can be eligible, there’s no reason to waste another day; contact us to get the process started. For a free consultation, and to learn whether you’re eligible to seek an expungement of a DWI, contact the Minnesota DWI expungement attorneys at Leverson Budke, PLLC. today. We look forward to hearing from you.
FAQs
1. Can I Expunge A DWI On My Own Without A Lawyer?
Yes. You can try to expunge a DWI on your own. Still, it’s tough. The process is complicated and needs close attention to details. Without a lawyer, your chances of success can go down. A lawyer helps you through each step, making it more likely to get the DWI cleared from your record.
2. How Long Does The DWI Expungement Process Take In Minnesota?
The DWI expungement process in Minnesota usually takes about four to six months. This time includes filing paperwork, court reviews, and waiting for a decision. The exact length can vary. This is based on your case and the court’s schedule, so it’s essential to start the process early.
3. What Are The Key Factors The Court Considers In A DWI Expungement?
The court considers several key factors in a DWI expungement, including the severity of the crime, time since the offense, your rehabilitation efforts, and how the expungement benefits you versus the public’s interest. Each factor helps the court decide if removing the DWI record is appropriate.
Conclusion
Expunging a DWI from your record in Minnesota is possible, but it requires careful preparation and the right legal support. Courts weigh many factors before granting expungement, making presenting a strong, well-supported case essential. Having an experienced attorney guide you through the process significantly increases your chances of success. Don’t let a past mistake continue to affect your future—take action today by consulting with a qualified DWI expungement attorney.
