Can You Get A DUI Expunged in North Carolina? 2024

If you have been pulled over for a DUI, a good question you may find yourself asking is, “Can you get a DUI expunged in North Carolina?” As a North Carolina resident, it’s important to remain aware of your legal rights pertaining to DUIs. This crime is taken very seriously by the state, and once convicted, it will remain on your record permanently. Your greatest chance of avoiding this is by engaging a DUI defense attorney who can work to keep you from getting convicted in the first place.

DUI convictions, along with DWIs, cannot be expunged in North Carolina; they are ineligible. The only way to keep your record clean of the DUI is to win the case and be found innocent. Hiring an experienced DUI attorney helps increase your chances of getting a not-guilty verdict or having your case dismissed altogether.

Ways a DUI Can Affect You

There are several possible ways that having a DUI on your record could affect you. It can lead to both short-term and long-term consequences, including financial, legal, and personal repercussions.

• Financial. Your car insurance rates and premiums will almost certainly increase as a direct result. In some cases, your car insurance carrier may even cancel your coverage, forcing you to find a replacement.
• Legal. You will likely face serious fines, jail time, court-ordered substance abuse courses and counseling, and community service. You may also be forced to install an interlock ignition device in your vehicle. It’s a tool that locks your steering wheel until you breathe into it. It checks your breath alcohol concentration level and doesn’t unlock unless you pass. Finally, you risk having your driver’s license revoked.
• Personal. A DUI conviction could put a strain on your personal relationships with family members, coworkers, and other people in your community. It could also impact your employment status. If you work in a field that requires driving, you may be required to disclose your DUI charge. A DUI case would also likely cause you to miss work for court appearances and community service. A conviction could also make things difficult when traveling across state lines or internationally.
• Educational opportunities. If you are or plan to pursue any educational opportunities, a DUI charge could negatively affect that. You could receive probation, expulsion, suspension, or a loss of financial aid. If you hold any professional licenses, such as a nursing license, you may have that revoked as well.

FAQs

Q: How Long Does a DUI Stay on Your Record in North Carolina?

A: A DUI stays on your record permanently in North Carolina. There is a difference between a DUI arrest and a DUI conviction. An arrest could be expunged from your record if you were never charged or not convicted. Once convicted of a DUI, it cannot be removed from your record. The consequences of a DUI can last up to ten years. This means that if you’re charged with any other offense ten years after your DUI, it could increase the consequences.

Q: Can I Get My DUI Expunged in North Carolina?

A: North Carolina law does not permit the expungement of DUIs. There are only very rare instances where expungement is permissible. That’s if your case was dismissed or you were found not guilty at trial. Once convicted of a DUI, it remains on your record forever. This is why it’s important to engage an experienced DUI attorney as soon as possible. Winning your DUI case is critical to avoiding long-term effects.

Q: What Are the DUI Laws in North Carolina?

A: The DUI laws in North Carolina are defined under North Carolina General Statute 20-138.1. The statute outlines how it is unlawful for individuals to drive while under the influence of any impairing substance, such as drugs or alcohol. The legal blood alcohol limit is set at 0.07 for regular vehicles and 0.04 for commercial vehicles. The statute also makes it illegal to operate a motor vehicle after taking any amount of a Schedule 1 controlled substance such as opiates or cannabis.

Q: How Long Does Expungement Take in North Carolina?

A: Expungement in North Carolina can take several months to complete. There is a strict legal process involved. It starts with a petition that must be filed by the person requesting expungement. The court will then review the case and send the paperwork to the North Carolina State Bureau of Investigations. They will determine if your case is eligible for expungement. Once determined, the State Bureau will complete the process. An experienced DUI attorney can help you determine if you are eligible for an expungement.

Q: What Is the Lookback Period for DUIs in North Carolina?

A: The lookback period for DUIs in North Carolina depends on the type of DUI you’re convicted of. For example, a misdemeanor DUI charge has a lookback period of seven years. A felony DUI charge has a lookback period of ten years. The lookback period means if you’re charged with another offense, the court may consider your DUI charge when determining punishment. If you’re pulled over for speeding and it’s within seven years of your misdemeanor DUI charge, it could affect your speeding ticket.

An Attorney You Can Trust

A DUI conviction can lead to a lifetime of consequences. It could affect your ability to obtain employment or housing. The good news is that once the lookback period expires, it cannot affect your sentencing for any other offenses you’re charged with. However, the conviction will remain on your permanent record forever. There are rare and very specific instances where expungement is possible, and that should be explored with an experienced North Carolina DUI attorney.

At Edwards Law, PLLC, our legal team can help you discover if expungement is available for you. We have the experience, acumen, and resources necessary to review your case and help determine the right solution for you. DUIs have a permanent effect on your life, so it’s worth exploring your options for getting it removed. Contact us today to speak with a member of our legal team. We can help you explore your legal rights under North Carolina law.