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Clearing a New York DUI record

Reader’s Question:

My niece has been charged with DUI here in New York. This is his first offense and by the looks of it, she might be convicted. I want to give her all the help that I could. If she will be convicted with DUI, can she still be able to wipe her DUI off her record?

Jessica

Manhattan, NY

If she will be convicted of DUI, she may have some options available to clear her record. Her first option is to seek a new trial from the court. If there was an error in the admission of evidence at her trial or some other procedural problems, her New York DUI lawyer can ask the court for a new trial. If the judge grants her request for a new trial, she will be allowed to present her entire DUI case again, this time before a new jury. If she’s found not guilty after her second trial, then her record will be cleared and the legal effect would be as if she was never convicted.

If the judge refuses to grant her a new trial, or she loses at her second trial, she may be eligible to appeal her DUI conviction. If there is an error of law at her trial, or the jury completely disregarded the facts, she may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-she will not be required to participate or appear in the appeal. If her appeal is successful, her conviction will be reversed, and her record will be cleared.