If you operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher in New York, you will be charged with driving while under the influence (DUI). The state of New York carries strict penalties for DUIs as they pose a real danger to everyone on the road. If you have recently been charged with DUI, you may expect this offense to be punishable by a license suspension, ignition interlock device installation, fines, enrollment in the New York Impaired Driver Program, and even possible jail time. However, you may not expect the consequences to haunt you for the rest of your life as this offense will result in a criminal record. Unfortunately, having a criminal record has devastating effects, both personally and professionally. Oftentimes those charged with DUI wonder whether they can have their DUI conviction expunged from their criminal record. Keep reading to learn if you can have a DUI expunged from your record in New York and discover how a proficient Rockland County DUI Attorney can help protect your rights.
Can I have a DUI conviction expunged from my criminal record in New York?
Following a criminal conviction, many states offer individuals a way to clean up their records. Most states implement expungement for certain crimes. Essentially, expungement allows the court to remove a conviction from a criminal record. However, only certain crimes can be expunged from a criminal record. Additionally, an individual must meet certain eligibility requirements to have a conviction removed from their record. Obtaining an expungement typically involves filing a petition and appearing at a court hearing where a judge will decide whether to grant or deny the request to have the conviction erased from your criminal record. That being said, many people wonder whether they can expunge a DUI conviction.
In New York, if you are convicted of DUI, you cannot have it expunged from your record. If convicted, this offense will permanently appear on your record. However, if you wish to have your DUI conviction wiped off your record, you may do so after 10 years if you have no subsequent offenses. Essentially, 10 years after your conviction, you can file a petition to have your record sealed. It is important to note that a DUI conviction is not automatically expunged from your record after 10 years. You will be required to file a petition and the judge after evaluating your case will decide whether to grant or deny your request.
Furthermore, if you have been charged with DUI, the best way to ensure this offense does not result in a criminal record is by having the charges acquitted or dropped. Ultimately, the only way to prevent a DUI conviction from appearing on your record is by having the charges brought against you dismissed. If convicted, a criminal record will prevent you from being able to obtain gainful employment and auto insurance coverage. To prevent the consequences of this offense, it is in your best interest to retain a skilled Rockland County DUI attorney. Our firm is prepared to defend your rights and interests to help you achieve a favorable outcome.
