My sister was found not guilty by a jury about 3 weeks ago. The judge actually commented that she never should've been arrested in the first place (officer knew NOTHING about the tests he scored her by), and after the verdict he told her she had 30 days to have her record expunged free of charge. She doesn't have the money to pay an attorney to file all of the necessary documents for this. After researching, I don't even think she has to file a petition. If that's the case, what is the process to have her record expunged? What documents need to be filed?
A petition for expunction must be filed. Once the petition is granted, law enforcement and governmental agencies are instructed to destroy all records of the matter. Right now, if a background check is performed on your sister, her DWI case would appear, albeit it would show as dismissed. After an expunction, no records would be found.
