Can this DUI arrest be expunged from my record?

Asked about 1 year ago - 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. Zachary Walter Procter

    Pro

    Contributor Level 15

    10

    Lawyers agree

    Answered . 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. James Lawrence Yeargan Jr.

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  3. Jennifer M. Daniels

    Contributor Level 10

    7

    Lawyers agree

    Answered . 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. John Arnold Steakley

    Contributor Level 18

    7

    Lawyers agree

    Answered . 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.

    ↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.... more
  5. Jack Ira Klein

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . No.

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

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The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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