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BUI Record Expungement: Do I Qualify?

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No one lives a perfect life, we all make mistakes. These mess-ups can range anywhere from forgetting to charge your phone overnight, forgetting your toothbrush when you go on vacation, or buying the wrong shampoo. These are innocent offenses that only cause you a little inconvenience but are easily fixable. However, some mistakes can potentially live with you forever. BUI, boating under the influence, is one gaffe that can stay with you. Most people agree that a mistake should not haunt you the rest of your life. A criminal record expungement is society’s way of forgiving a mistake that ends up on your criminal record. An expungement is “a court-ordered process in which the legal record of an arrest or a criminal conviction is “sealed,” or erased in the eyes of the law. A BUI record expungement would take any history of boating under the influence off your record.

Consequences of a BUI on Your Record

A BUI can make many aspects of your life harder. In certain situations, you can lose your job. Not only can lose your job for a BUI but if you are applying for a job that involves boating you most likely will be automatically eliminated as a candidate. It is common these days to undergo a background check when applying for a job. As a result, it is almost impossible to hide a BUI, and it can significantly diminish your chances of landing a job even if it does not pertain to boating. Aside from the jobs, you are eligible for with a BUI on your record; there are specific jobs that you will automatically be disqualified from. BUI’s automatically eliminates you from jobs that require a state license such as an attorney, teacher, or doctor.

A BUI can also cost you a pretty penny. Aside from the lawyer and court fees, your boater’s insurance will increase significantly. It is also possible to have your boater’s license suspended or revoked as a result of getting a BUI.

BUI Expungement

For the most part, the United States is a forgiving country. There is so much constantly going on we do not get hung up on one thing for more than a short period of time. BUI’s fall into this group. A BUI record expungement makes it possible to have a BUI taken off your record . This removal makes it invisible to the public and any law enforcement agency.

Are You Eligible for BUI Expungement

Not everyone who gets a BUI qualifies for BUI record expungement. In order to be eligible for BUI record expungement, there are specified requirements you must meet.

  1. Are you a first-time offender?
  2. Were you convicted of a “crime of violence” or not?
  3. Have you waited the required period?

If you pass these three questions you are eligible to have your BUI taken off your record. You can not have you BUI record expungement if you have previously been found guilty of a felony, misdemeanor, or put on probation more than once. To know if you pass the second question it is important to know what a crime of violence is. A crime of violence includes murder, manslaughter, arson, kidnapping, robbery, larceny, sexual assault, and burglary. The final question is very straightforward as long as you know how long you must wait before applying for BUI record expungement. If you are a felon, you must wait ten years after the completion of your probation and/or sentence. If only found guilty of a misdemeanor that number is cut in half to five.

The Process

There are numerous procedural steps before you can successfully go through a BUI record expungement. The lead off step is to get your record from the Attorney General’s Bureau of Criminal Identification Unit and confirm your eligibility. Second, you file a motion at the original courthouse where the charges were brought. Following this step, the clerk will give you a court date. You must then go to both the Attorney General’s office and to the original police department that arrested you and give them notice of the court date.

In court, there are five thresholds you must meet or prove. These are the qualifications:

  1. Are a first-time offender
  2. Have not committed a ‘crime of violence.’
  3. Exhibit good moral character
  4. Have been successfully rehabilitated
  5. The expungement of your record is consistent with the public interest

Getting a BUI record expungement is a big step to get your life on the right path. Choosing the right attorney to represent you is a highly important decision. Make sure to pick an attorney who is very knowledgeable about BUI record expungement. An attorney can help you present your case as best as possible giving you the highest chance to have your record expunged.

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