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Is It Possible to Have a DUI Charged Erased FromYour Record?

Robert Stahle • April 12, 2019
A man in a hat is standing next to a silver truck

It happens to a lot of people. You go out, maybe for dinner or to hang out with a few friends, with every intention of only having one drink. Then it happens that you drink more than you have planned and against your own better judgment and advice from others, you get behind the wheel of your car.

Driving while intoxicated is dangerous, and even a couple drinks can have a significant impact on a person’s ability to drive a vehicle and react appropriately in traffic. While nobody wants to deal with a DUI, being pulled over by the police is a much better outcome than causing an accident.

Still, a DUI can have a tremendous impact on your life. What should be your next step after receiving a DUI and is it possible to have the charges expunged from your record?

Penalties of a DUI

Each state has its own laws regarding offenses of driving under the influence and the penalties that apply to each offense. For example, in every state - including Iowa and Nebraska - anyone who operates a vehicle with a blood alcohol content of at least .08% or while under the influence of drugs, including controlled substances, can be charged with a DUI. However, the penalties applied are different.

The penalties of a DUI are determined by several factors, including whether the offense is a person’s first or subsequent DUI. In Iowa, penalties for first offense include jail time for a period ranging from 48 hours to one year and a license revocation of at least 180 days. In Nebraska, a first time DUI offense can result in 7 to 60 days in jail and license revocation for a period of at least 6 months.


Can a DUI Be Erased from Your Record?

A DUI serves as a big mark on your criminal record. If you’ve recently had a DUI charge, you may be wondering if it’s possible to have the charge erased, or expunged, from your record. The answer to this depends on multiple factors.

You are less likely to have the option to have a DUI charge expunged if you’ve already had a prior offense. In the event of a felony DUI charge, the chances of expungement are even less likely.

You best chances of having a DUI expunged involve enlisting the help of a DUI defense attorney who can present a compelling case to the judge that your judgment should be deferred. If you are provided with a deferred judgment, it means that you’ll be placed on probation with additional terms that must be met, such as community service, fines or participating in an alcohol rehabilitation program. Upon completing the terms of probation, the court will discharge the case without issuing judgment.


Should You Contact a Criminal Defense Attorney?

An experienced DUI defense attorney can be your biggest asset in fighting a DUI charge. With the right legal representation, it’s possible to have the charges against you dropped or minimized. A criminal defense attorney can also guide you through the process of possibly having your record cleared. If you’ve recently been charged with a DUI, reach out to Fitch & Stahle Law Office for a consultation on your case today.

By Robert Stahle October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.