I was wondering if it was possible to have my criminal record sealed or cleared?

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I was wondering if it was possible to have my criminal record sealed or cleared?

I have a DUI in 1999 and DUI in 2003, Driving after revocations in 2006 and 2007 and one trespassing offense, small possession on marijuana and obstructing justice. I uderstand if not all can be cleared but my criminal record is keeping me from getting a good job.

Asked on April 20, 2009 under Criminal Law, South Dakota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I think you should have considered this sooner.  You have a history and a long one  (10 years) of criminal behavior.  Clearing a criminal record, known as "expungement", depends in large part on other bad acts.  And you have them.  Additionally, the courts in these cases will look to see when the last offense was.  2007 is just too recent.

Expungement is not  a right.  It is up to the discretion of the court.  Based on the facts that you have presented I think your chances of having any of these acts cleared off your record are slim to none.

However, if you want to check with a criminal attorney in your area possibly they will have a different view.  To get help in finding one try www.AttorneyPages.com

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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