In New York, if you are charged with driving while under the influence (DUI), you will face harsh penalties. You may expect to face serious penalties such as fines, license suspension, ignition interlock device installation, and even possible jail time. However, you may not expect this offense to result in a criminal record. Unfortunately, if you are convicted of DUI, the repercussions of this offense will haunt you for the rest of your life. Having a criminal record can be devastating as it will negatively affect your ability to obtain affordable auto insurance coverage and obtain gainful employment opportunities. That being said, many people wonder whether they can have a DUI conviction expunged from their criminal record. Keep reading to learn whether a DUI can be expunged from your record in New York. In addition, please contact a seasoned Garden City, NY DWI/DUI Attorney who can help protect your rights and interests.
Is it possible to have a DUI conviction expunged from your criminal record in New York?
In some states, a DUI conviction can be expunged from a criminal record. Essentially, if you meet certain eligibility requirements, you may have a crime removed or erased from your criminal record. This process is known as expungement. In New York, only certain indictable crimes can be expunged from a criminal record. Unfortunately, if you are convicted of DUI, you cannot have it expunged from your record. This means it will remain on your permanent criminal record forever.
However, if 10 years after your conviction you do not have any subsequent offenses, you may file a petition to have your records sealed. It is important to note that sealing a DUI conviction after 10 years is not automatic. You will be required to file a petition with the court. That being said, the only way to prevent a DUI conviction from appearing on your criminal record is by having the charges acquitted or the case dismissed. Essentially, the most effective way you can prevent having a DUI conviction appear on your criminal record is by hiring a skilled attorney who can raise strong defenses to help you reach dropped charges. This may include filing a motion to suppress certain evidence from being presented in court. The prosecution must prove your guilt beyond a reasonable doubt. If they lack evidence, they may not be able to prove your guilt beyond a reasonable doubt which could result in dropped charges. Nevertheless, if you have been charged with DUI, you need quality legal counsel to prevent a DUI conviction from remaining on your criminal record forever.
If you have been charged with DUI, it is in your best interest to retain one of our qualified team members. Our firm is prepared to represent your interests today to help you prevent the repercussions of this criminal offense.