Is it true that any citizen can have their driving records (including DUI offenses) expunged once per lifetime

Question

I was hit by a drunk driver and was told that he had several DUIs on his record. When his records were checked, they had been expunged. How can this be legal? (the state is NC)

Answer 1

In several states, after a certain number of years of no DUIs, a new DUI is considered a first offense.

It sucks. If I were in charge of the world, a person arrested for DUI would lose their license for a minimum of 2 years on a first offense and would pay thousands of dollars in fines. They also would be permanently required to only drive vehicles with breathalyzers installed. If any alcohol is detected, the car won't start. If they violate these penalties, they would be imprisoned in work camps.

Anyone killing anyone as a result of drinking and driving would be indicted and stand trial for murder.

Can you tell that I'm sick and tired of drunks on the road?

Answer 2

The way to get an answer is to check out North Carolina's laws. Call the District Attorney where you live. Also call the Attorney General of North Carolina. They both should know.
http://tinyurl.com/gk57y
This link is from Findlaw. It concerns a search I did on expungement. I can find no law that allows expungement of drunk driving convictions in North Carolina.
http://tinyurl.com/m425g
This link is from another website. Apparently, one can expungement a DUI, but only one time and only if the judge dismisses the charge. The laws could have changed when the drunk driver was initially charged, but this is unlikely since North Carolina has tough laws. What is most likely to have occurred is that the District Attorney reduced the charges to reckless driving or even dropped them due to lack of evidence.

Answer 3

I believe it is a law that applies to teens 18, and under. Sounds to me like he is using an alternate I.D., or, he has never been arrested
(or caught) after his first offenses were expunged, during his younger years.

I am in the state of California at this time, and it's the law here. I'd go for a small fee that would get him into the lower courts, and hope for a Judge with some smarts. We have some great Juvenile Attorneys, and the District Attorneys are accurate with Police Reports that have been amended to include witnesses etc. And finally, Judges here, in my experience, treated myself and my son fairly.
HOWEVER; Before I had false charges amended, and wittnesses included on the Police Reports, the system immediately made my 16 yr. old son, a ward of the Courts. They had a Liaison on the premises to immediately begin their benefits for him. It was when the Juvenile system is at it's highest occupancy. Two Holidays. Thanksgiving, and Christmas.
The end of the year, using up all of their Federal Grant in preparation to receive the max possible for the following year.I was also requested to sign away my Medical rights, "just in case of injury in the facility". I declined.

The Juvenile Facility is near a Major teaching Hospital. They were trying to schedule a Cervical Spine Surgery, even though he was being exonerated. They had not read all of the reports, especially the ammendments, and his release date. MY son had a slight fracture during football practice, and had risidual hand vibration. Which was not enterfering with his Academics. I worked for Orthopaedic Surgeons for four years, and closely followed his quick recovery.

Wow, what a way to get your Interns practicing Surgery. My son told me the first day, that Dental Students came and probed his mouth.

Anything is possible. That is why, you need to do your homework on law. That D.U.I.,driver needs a good body slam.....The System can be cruel...Be Prepared..

Answer 4

For Canadians with impaired driving convictions trying to enter the U.S., it's at the discretion of Customs and Border Protection. (Though, typically, if it's just impaired driving with no aggravating factors, entry to the U.S. is allowed.) Of course, the prohibition upon American drunk drivers entering Canada is merely a default position; it is possible to receive an exemption. There's also a temporal element to the prohibition; if you've stayed out of trouble for a certain period of time after just one conviction, then you'll be okay. In my opinion, it's a good default position, simply because of the ridiculously high recidivism rates for impaired drivers, and the frequency with which they typically offend. While it's not universally true that 'once a drunk driver, always a drunk driver', it's true far too often. We have enough drunk drivers in Canada already; we don't want more coming up here.

Answer 5

I thought that only ONE DUI could be expunged...that is totally unreal. I am sorry to hear about what happened to you & wish you the best.

Take care, Marilyn

Answer 6

I've never heard of such a thing. Sounds like something fishy might be going on to protect the driver. I'm sorry to hear that you were hit by the person. I hope you're okay.

Answer 7

That would be awesome but if you get a dui in cali and move to another state and dont plan to return to cali they will clear that one off your record but if you go back and commit another you will be charge.

Answer 8

No drunkard can get his criminal driving record wiped clean. Probably what you read is "convictions". There are two catagories, "charges" and "convictions". If the person was'nt convicted on a charge it wont show up on their criminal history. Drunks and all criminals carry their criminal history for life!

Answer 9

Criminal Records Search Database : http://CriminalRecords.InfoSearchDetective.com

Answer 10

whoa thats whack...he must have a very good lawyer.