Can I have my DWI or drug conviction overturned?

If you are convicted of a DWI or drug offense in New York, you may feel angry, frustrated and despondent. You may be concerned not only about the consequences of your offense, but how it will affect your life moving forward. Will you face problems getting a job, becoming a citizen, or renting or buying a home because of your conviction?

You may not realize that you still have options after a DWI or drug conviction. These include filing an appeal, seeking to post-conviction relief or sealing your records.

Filing an appeal

You can appeal a DWI or drug conviction and have your case re-heard. In your appeal, the court will evaluate if certain procedural errors or legal errors occurred during the first hearing of your case.

Some of the reasons your case may qualify for an appeal include the following:

  • Evidence in the case was false and the prosecutor knew it.
  • Police obtained evidence in your case in an unlawful manner.
  • You had ineffective legal counsel. Perhaps, your attorney at the time didn’t adhere to professional standards.
  • The prosecutor or judge acted improperly, or you received a harsher sentence than warranted, considering the circumstances.

Seeking post-conviction relief

You also seek post-conviction relief. With post-conviction relief, you can bring additional evidence when having your case re-heard. You can clear up details from your case and a judge can either allow your case a retrial or modify your sentence or how long your license suspension will last.

Sealing your records

Finally, you could seek to have your criminal record sealed. To be eligible, you must only have one felony conviction or only two misdemeanor convictions.

If you feel your case warrants an appeal, post-conviction relief or sealing your records, you should consult an experienced criminal law attorney. You want to ensure you take the right steps, and in a timely manner, to get a positive outcome and minimize the impact of a DWI or drug conviction on your life.