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I got in an accident while intoxicated. 6 months later they brought my charge up from a dwi to Assualt 2nd. What do i do?
Anonymous7 views3 answers
A while back i got in the accident while intoxicated. 6 months later i received a grand jury indictment for Assualt 2nd. I fought it out all the way to pre-trial (2 days before trial, with a public defender.. blah) and all they would do is drop one of the 2 Felonies. Now im stuck with this on my record. Is there any way i can get this expunged after my 5 years probation. It is SES probation. This is the state of missouri. Im just really worried ill never own a weapon again NOR see a good life.
Make a copy of your entire court file and bring it to an attorney in your area that is experienced in expungements. Expungements in Missouri are very difficult, so the attorney you hire to review your file may not have good news for you, but that will be the only way to get a concrete answer to your question.
If you have a single DWI or other misdemeanor alcohol related driving offense (DUI or BAC) that is at least ten years old, Missouri law provides a way to have that charge expunged.
In a nutshell, there are five requirements to receiving a one-time expungement of a DUI/DWI/BAC conviction from a Missouri driving record:
1. The driver must apply to the Court in which he or she was convicted of the offense.
2. The driver must apply at least 10 years after the date of conviction.
3. The driver must not have had any other alcohol-related law enforcements contacts (DUI / DWI / BAC charges). An alcohol-related enforcement contact occurs of the date that the Missouri Department of Revenue sends notice of the alcohol suspension action, not on the effective date of the driver license suspension. Fowler v. Director of Revenue, 823 S.W.2d 134 ( Mo. App. 1992).
4. You can only obtain expungement once.
5. The Missouri Director of Revenue must be named as a necessary party in an expungement action (even if you file in a Municipal Court).T.L.D. v. Director of Revenue, 864 S.W.2d 933 (Mo. App. 1994). The Missouri Director of Revenue may maintain such records as are necessary to ensure that a person only obtains only one expungementin other words, just because you have expunged the criminal conviction from a Missouri DUI / DWI / BAC charge, it does not mean that it will ever be expunged from the driving record at the Missouri Director of Revenue.
http://www.tysonmutrux.com/dwi-expungement
Because it appears your charge was a felony, I don't believe you are eligible for expungement. However, give an attorney a call so that he/she can review your case in detail.
In Missouri you can get an expungement only if there is a finding that there was no probable cause for the arrest or charge. This presents a problem for you since there was a finding of guil and a judgment entered in your case. From what you presented in your query it does not appear to meet the criteria for an expungement. You should still bring your documentation and seek legal advice if you still have a question.
