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Understanding Expungement and How It Applies to You

Robert Stahle • April 11, 2018
Expungement - Criminal Lawyers - Sioux City

Do you have an arrest or criminal record that you feel is unfairly getting in the way of moving forward in your life? Certain legal records can negatively impact your ability to find employment or even housing. Depending on the circumstances involving your case, you might be eligible to have your records expunged, and in some situations, it’s the best decision for protecting your future.

What Is Expungement?

Expungement, or expunction, is the process of a legal record of arrest or criminal conviction becoming “sealed”. This means that in the eyes of the law, your record is essentially erased, although it’s still available to specific legal agencies.

When a conviction is expunged, it basically means that it has been sealed or erased from your record in most instances and is no longer visible to the public. Potential employers, landlords and other individuals who might look at your public record will not see a trace that it ever existed. When asked on an application, you do not need to disclose an arrest or conviction that’s been expunged.

Does Expungement Completely Erase a Record?

The short answer to this question is no. When an arrest or conviction is expunged it is not completely erased. Instead of being erased, expungement is sealing your records. They may no longer be visible in public record, but they do still exist. These records will still have limited accessibility to certain governmental agencies, criminal courts and law enforcement.

Expunged, or sealed, records can still be taken into consideration in certain legal cases that occur after the expungement and can still be used as proof of a prior conviction when necessary.

What Determines Expungement Eligibility?

Not all criminal records are eligible for expungement. In fact, certain qualifications need to be met before a judge will be willing to consider your request. Eligibility depends on several factors, some of which include:


  • How much time has passed since the arrest or conviction
  • The severity of the event that lead to the arrest or conviction
  • Other events in your criminal record. A singular event is more likely to be expunged if there is no evidence of repeated criminal behavior.
  • The severity of other arrests and convictions that are listed in your record.
  • Age at the time of the arrest or conviction. In some jurisdictions, specific regulations exist about expunging the record of any offenses committed as a juvenile.

Legal Guidance for Expungement

While the possibility of expungement may bring some relief and comfort to you, it’s also important to understand that just seeking expungement is not a guarantee that it will be granted. Each case is different and considered on an individual basis.

The possibility of having your arrest or conviction records expunged depends heavily upon understanding the expungement laws of your local jurisdiction and having knowledgeable legal representation by your side. At Fitch & Stahle Law Office, we have the criminal defense attorneys that know all about your legal rights. Contact Fitch & Stahle Law Office today and we’ll gladly answer your questions about record expungement.

Injured in an Accident?

By Robert Stahle • September 5, 2025
Why You Need a Personal Injury Lawyer

Know Your Rights:

By Robert Stahle • August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.