How Can I Clear My DUI Record?
By: Mary Ann Pekara
You May Be Able To Wipe Your DUI Off Your Record
If you have been convicted of a DUI offense, you may have some options available to clear your record.
Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you're found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted.
If the judge refuses to grant you a new trial, or you lose at your second
trial, you may be eligible to appeal your DUI conviction. If there is
an error of law at your trial, or the jury completely disregarded the
facts, you may have grounds for an appeal. An appeal involves filing briefs
with the court and an oral argument-you will not be required to appear
or participate in the appeal. If your appeal is successful, your conviction
will be reversed, and your record will be cleared.
If your appeal is unsuccessful, you still have some options. In many
states, you may be eligible for an expungement. An expungement is a legal
procedure in which, after the passage of a certain amount of time after
your conviction or arrest (typically, one year), your attorney can apply
to have your DUI conviction erased from your criminal record. However,
in most states, an expungement is not available for a felony conviction,
and in many states, it is not even available for a misdemeanor or even
for a probation.
If you (or someone you know) have been involved in a drunk driving accident,
or if you have been arrested or charged with a drunk driving offense,
don't wait; if you do, you could jeopardize valuable legal rights. Call 877-349-1311 or fill out the form below. We'll connect you with a DUI attorney in your area today.
The above summary is by no means all-inclusive and is not legal advice. Laws may have changed since our last update. For the latest information on appeals and expungements, speak to a DUI attorney in your area.