Once upon a time back in college, Jimmy was caught drinking and driving in the State of Missouri. He lost his license for 3 months and pleaded guilty to DWI because his lawyer said the case would “go away” after two years. It did not. It could not. The lawyer didn’t know what he was talking about.
Over the past decade Jimmy has sobered up, finished school, and is now a responsible adult with a family and a good job. The good job is trying to put Jimmy in a company truck, but lo and behold, the insurance company says they do not want to insure him because he’s got an intoxication related traffic offense on his record.
What, it was supposed to go away?
In Missouri they don’t go away.
Over the years, the Missouri legislature has made it easier and easier for your records to go back further and further with reports of arrests related to alcohol on your record with very little documentation. Missouri has no lookback period, which means they can be used against you no matter how old. We’ve had many folks who have been charged with a felony DWI based on a couple of problems from the 70s and 80s.
However, if you just have one DWI in your history, and it’s from Missouri, now is the time to get that off your record. We can get the DWI expunged and remove the driver’s license suspension from your driving record, too.
If we file the lawsuit, and we are successful, the guilty plea and record of alcohol related offense will be taken off your record all together.
So, it would mean that Jimmy’s job would likely be able to get him insured to drive a company truck.
And, if it ever gets brought up in the future a person may legally deny that the alcohol related arrest ever occurred.
It will not follow you into college if Jimmy needs to go back, or a postgraduate education. You will not have to tell potential employers, and you can actually say no when an attorney asks you about it in a custody battle if Mrs. Jimmy decides she is leaving.
There is no need to disclose it on a nursing license application, and you don’t even have to report it to the state bar association, for those of you who aspire to go to law school and fight the power.
There is also the issue of priors.
The expunged case cannot be used to enhance any future DWI as a prior. This is very important because penalties become worse for each DWI you get after the first one. Expunge and you’ll be back to zero.
So today is the day for a fresh start on your driving record, if it’s been nearly 10 years or more since your last one, call the Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC and let our experts help you truly clear your record.