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Can I get an SIS expunged from my record sooner than 10 years after the offense?

Saint Louis, MO |

I am graduating from nursing school soon & will be applying for jobs & I really can't stand the thought of losing job opportunities because I have to say I pled guilty to my dumb mistake-DWI. Especially since I probably do better things for man kind than a lot of non-criminals out there. Also, my lawyer at the time said that even when my record is expunged in 10 years I will still have to report my SIS & that I pled guilty to a misdemeanor on job applications because the medical field has a more extensive background check than most professions (like the record the judge will pull up to use against me if I ever do anything criminal ever again). Is this true? It's so unfair that one mistake in your life could cost you everything for the rest of your life & theres nothing that can ever fix it

Attorney Answers 2

Posted

Expungement is not quite right in your situation as you technically do not have a conviction (as a plea resulting in an SIS is not a conviction). There are some considerations regarding licensure and employment issues. There are also some issues that could impact your driving license in the future that you should consider. You should contact an attorney who can advise you on what you must report versus what you do not need to, as well as what your options are with respect to your record and your license.

My answer to your question is based upon the limited facts provided by you and is subject to revision and change. Specific facts regarding your case should not be posted in a public forum as they may be used against you by law enforcement. You should contact an experienced criminal defense attorney directly regarding your case. Answering this does not create an attorney client relationship between us. I can be contacted directly at (314) 645-6666 or tnewton@plebanlaw.com

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Posted

The law regarding expungement has not changed. You can get a 1st time DWI expunged, but only after 10 years have passed, and only if you have had no other misdemeanors or felonies during that 10-year period.

The answers submitted on AVVO by The Rogers Law Firm, LLC d/b/a LeadFootSpeedingTicket.com are for informational purposes only, do not constitute legal advice, are not intended to be advertising, and are not guaranteed to be correct, complete, or up-to-date. The transmission of information on AVVO is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship. The reader should not act on the answers without first consulting legal counsel.

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1 comment

Andrea R. Rogers

Andrea R. Rogers

Posted

Mr. Newton is correct, in that you can get a 1st time DWI conviction expunged but there is no way to expunge the record of the SIS. You pleaded guilty to the original DWI charge in exchange for a suspended imposition of sentence. Therefore, there was no conviction, so there is nothing to expunge. It is possible to get the record of an arrest expunged, but only if you were arrested based on false information, but that does not apply in your case.

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