DWI Expungements
If you’ve been convicted of a drug or alcohol-related offense, you may be wondering how you can get your life back on track.
Hopefully, you’ve learned the hard lesson that you should never get behind the wheel while using drugs and/or alcohol. But you learned the hard way and you now have a criminal record.
So, you wonder how to get the DWI or DUI taken off your driving record. Is there a way?
You should call DWI/DUI attorney Michael Anzalone in Nashua, New Hampshire. He can look at the factors pertaining to your case and offer legal advice.
What is an Expungement?Simply put, a DWI or DUI expungement is an annulment of your record. That means you will be treated as if the arrest never happened, except under certain circumstances. The record will be sealed so that only a select number of people can see it. That means, for the most part, that only certain government and law enforcement officials would know about your DWI arrest.
Why is this important? It means most employers won’t be able to see the conviction on your record. This will make it easier for you to get a job and will ensure that people likely won’t know about it.
How do You Get an Expungement?There is a process for obtaining an expungement in New Hampshire.
The state’s statutes RSA 265-A:21 clearly lay out the procedures.
To get an annulment, your DWI/DUI lawyer should apply in the court where you were convicted. This can either be done in person or by sending a notarized application to the courthouse. There is an application, so be advised that it costs money to make this request.
Next, the court will set a hearing date during which you or your attorney will present a case for why the record should be expunged. For the most part, a judge will have to be convinced that the annulment will help the person in terms of rehabilitation, or that it is in the best interest of public welfare to do so.
The judge will consider everything about your DWI case when making a decision.
Keep in mind, New Hampshire law doesn’t allow an annulment until 10 years after a conviction. So, you’ll have to be prepared to wait this one out and stay clean. Both DWI and aggravated DWI convictions are eligible for expungement.
And, if you get an additional DWI, the expungement won’t protect you.
The state of New Hampshire, and prosecutors and judges, see DWI as a serious offense and cases are not taken lightly.
The most important thing for you do to is to never get behind the wheel of any vehicle a car, truck, off-road vehicle or boat while you have either alcohol or drugs in your system. Remember, any kind of drug can affect you and your ability to drive. So, before you even take an over-the-counter medication, you need to know how your ability to drive is affected.
To get more information on DWI expungements, please call 603.548.3797 and talk to Michael Anzalone about your case.