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Can this DUI arrest be expunged from my record?

Marietta, GA |

I was charged with DUI in l999 due to a minor accident in which there were no injuries and no damage to the other vehicle. The charge was changed to Wreckless Driving and that is what is indicated on my MVR. This was an agreement between my attorney and the prosecutor, however I think the DUI is indicated as an arrest on background checks.

Attorney Answers 5


  1. Unfortunately, the DUI arrest all always be on your record, though it will also show up as having been dismissed since you plead to a lesser charge. Georgia law specifically states that you cannot have an arrest expunged after pleading to a lesser charge.


  2. No. Since you entered a plea to the Reckless Driving charge the arrest cannot be expunged.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


  3. Unfortunately, you cannot get the original arrest expunged if you pled down to another charge. Have a police agency pull your criminal history and see exactly what comes up. You might consider having a lawyer look at the report to see what might be done to assist but I doubt that you will be able to do much of anything. Sorry.


  4. Nope. You pled to an offense arising out of the arrest, even if it wasn't the original offense. Someone arrested for murder who later pleads guilty to simple batter still has a murder arrest on the record for life.

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  5. No.

    You should consult an Attorney that handles Traffic cases in the jurisdiction you received the citation to evaluate your options.

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