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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23597
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If I was convicted of a first offense dui 5 years ago, will it still show on my record 5 y

Customer Question

If I was convicted of a first offense dui 5 years ago, will it still show on my record 5 years later?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Yes. Your conviction will stay on your driving record for the rest of your life and cannot be removed. It will appear on your criminal record for that long too, unless you take affirmative steps to expunge or seal it if the law of your state allows for that.
Customer: replied 1 year ago.
what do I have to do to get it automatically expunged? or how long would it take to do so? if I am in an expungment process and on an application it ask criminal history but says expungments do not have to be listed, can I state none (if in the process)?
Expert:  Zoey_ JD replied 1 year ago.
It's not automatically removed. Expungements are discretionary and just because you apply for one does not mean it will be granted. So you cannot state "none" during the application process. Your DUI would appear on a background check and make you look like a liar as well as a criminal offender.
Indiana will expunge criminal convictions but only those which have first been pardoned by the governor. Pardons are free to apply for and you can do it yourself without a lawyer. In order to get the pardon, you would have to apply to the Indiana Parole Board which does the screening for the governor. Their form is on line. Scroll down to the bottom of the page below for the link to the form.
http://www.in.gov/idoc/2324.htm
The Parole Board's form makes it clear that this matter could take a year for processing and that pardons are not granted all that frequently. Still, it's something that you can do yourself, and there's no reason not to give it a try. If you can get the pardon you should then have no problem getting the expungement.