DUI Expungements
Our Haddon Heights DUI Lawyers Explain What Area Residents Need to Know About Expungement
Whether you have been living with your DUI conviction for one week or 10 years, you undoubtedly have a very real sense of the extraordinary impact that a drunk driving record can have on all aspects of your daily life. From finding a job to getting to work, and from advancing in your career to covering the financial costs of a DUI conviction, not a day goes by without your record coming into play in one way or another.
Notice that we said “record,” and not “criminal record.” This is because a DUI is not a criminal offense in New Jersey. Despite the severe penalties and long-term practical consequences of a drunk driving conviction, a DUI is considered a traffic offense under New Jersey law.
Unfortunately, this means that DUI convictions are not eligible for expungement in New Jersey. While individuals convicted of drug offenses and financial crimes can file for expungement once a certain amount of time has passed, a DUI stays on your record permanently – unless you can challenge the legality of your conviction. In New Jersey, there are two primary ways to challenge a DUI conviction: (i) an appeal, and (ii) a petition for post-conviction relief.
Appealing Your New Jersey DUI
An appeal is an immediate challenge to your DUI conviction. If you file a successful appeal, your DUI will never appear on your record. The grounds for filing an appeal are limited (as is the time window for submitting your appeal); so, if you were recently convicted, it is important that you speak with an attorney as soon as possible.
In New Jersey, some of the potential grounds to appeal a DUI conviction include:
- Constitutional violations
- Inadmissible breath test results
- Invalid guilty plea
- Lack of proof
- Legal error
Filing a Petition for Post-Conviction Relief
Haddon Heights residents who have been living with a DUI conviction for some time may find that their only option is to file for post-conviction relief. A successful petition for post-conviction relief will result in your DUI being erased from your record (similar to an expungement). In order to be eligible for post-conviction relief, you must be able to demonstrate that:
- The prosecution illegally withheld evidence during your trial (known as “prosecutorial misconduct”);
- You received an illegal sentence;
- You received ineffective assistance of counsel;
- You suffered a “substantial denial” of your Constitutional or statutory rights; or,
- Your guilty plea lacked a “sufficient factual basis.”
At Helmer, Conley & Kasselman, P.A., we have decades of experience handling DUI cases in Haddon Heights and throughout New Jersey. If you would like to find out if you are eligible to have your conviction reversed, we can review your case to determine if you have grounds to file an appeal or petition for post-conviction relief. If it appears that you were unjustly convicted or sentenced, we will take your case back to court and fight for the justice you deserve.
Contact Our DUI Law Offices in Haddon Heights, NJ
To speak with a DUI lawyer at our office Haddon Heights, please call (856) 547-7888 or request an appointment online. We will make arrangements for you to discuss your case with one of our attorneys as soon as possible.
