A friend of mine was arrested for DUI last year in new york state, but was not convicted. Would expungement mean that he waits for a couple of years, then applies to have this DUI removed off the record? How does this work in New york state?
Law & Ethics - 2 Answers
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1 :
You or he can try it but its not as easy as you think. If he was a minor its a possibility if not I'd forget it. DUI laws and getting them expunged have drastically changed. Good luck but I think your friend will just have to live with it for now and forever unfortunately.
2 :
expungement means its clear of his record. His record has been altered in a favorable manner! Expungement begins by determining which type of relief is appropriate. The law will vary from state to state so he should consult his lawyer about the expungement.The type of expungement that will apply in his case will depend upon whether he was a juvenile or an adult at the time of the conviction; whether the conviction was for a misdemeanor or a felony; and whether he was placed on probation or went to state prison as part of the punishment. Did his lawyer draft motion????? Because normally for it to be expunged his lawyer would have to draft.The expungement motion will be filed with the court that sentenced him, and will also have to be served on the prosecutor and, in some cases, the probation department. To get an Order of Expungement, the court must be convinced that he has led an honest and upright life, and the interests of justice would be served by granting the request. Hope this helps!!!!
