Appeal Your DUI Charge

Are you looking to clear your DUI records? Here are some options that you can try. First, ask your lawyer if you have grounds on which to appeal your case. Possible grounds for appeal include a biased jury, an arguable application of the law against you, or some other sort of courtroom error. To place an appeal against the decision, you have to first file briefs with the court system where you were convicted. Though you are not required to attend the appeal deliberation, either you or your lawyer has to make an oral argument has to be made in your favor. When your appeal succeeds, your DUI records will be cleared. In fact, the decision is reversed, as if you had never been convicted.

Ask For A New DUI Trial

Another process to clear your DUI records begins with asking for a new trial. Whether or not you can get a new trial is up to the judge. Similar to an appeal, you have to have some grounds on which to base your request. Talk to your lawyer. They will be able to look at your first trial and help you establish your reason. In most cases, the reason will be some sort of error that the judge, prosecution, or jury made during your trial. Once you’re found not guilty in your second trial, your DUI record will be cleared. Just like the reversal in an appeal, the initial conviction is completely reversed.

Expunge Your DUI Record

Finally, you may be eligible to have your records expunged. In some states it is possible for your lawyer to have older charged erased from your records. A certain amount of time will have had to have passed since your arrest, trial, and conviction in order to have the crime expunged. In most of the states that allow expungement, that time period is one year. Your lawyer can tell you the specifics of the expungement process in your state. One thing to know about expungement though, is that the more the severe the crime the less likely expungement is an open option for the offender.


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