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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18909
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Can I get my DUI criminal record cleared or expunged? I am

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Can I get my DUI criminal record cleared or expunged? I am 18 and it happened a month ago. I blew 177mcl - the limit for under 20s is zero (I can supply more information on what happened). But since I was over 150mcl I had to go to court, and was fined $100 plus 3 months disqualification. The limit for over 20 year olds is 400mcl. I cannot sleep at night knowing I have a criminal record. I have started a degree in business and would like to look at becoming a chartered accountant, but I heard you need a clean record. None of my family knows and only used a duty solicitor at the courts who wasn't very open to my story.
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

This conviction will be very unlikely to affect your application to become a chartered accountant. But this sort of conviction is very hard to get removed anyway. You should not be too concerned as the professional bodies are more worried about dishonesty or drugs. This conviction is relatively minor, and should not be an issue. it will be a little embaressing to disclose but something at age 18 will not affect your career.

Customer:

I am more concerned with moving overseas and travelling. Would the context of 'offence' help with the removal of the conviction? And it means alot to me to have it removed. What will having this restrict me from doing (jobs, etc)? I'm fully aware of the clean slate act. But that's a long way off, and it doesn't mean much internationally, I would like to get it fully cleared. Would I be able to get it cleared in another country?

christhelawyer :

This sort of conviction is very difficult to get removed-you would need to apply for a discharge without conviction, and the courts rarely give these for excess breath alcohol. You could try, but the delay in applying would not help and you would need a senior and experienced lawyer to do this. At least one cabinet minister had a drink driving conviction and this didnt stop her from getting her job back. So I cannot think that this is likely to be more than an embaressing explanation and will be unlikely to affect jobs. You cannot get this cleared in another country. Only the New Zealand courts have jurisdiction over this. the Clean Slate Act does not apply to drink/driving offences.

Customer:

Do you know any experienced lawyers that I should go to? Also what affect does this charge have on me entering or living in another country?

christhelawyer :

This will have no effect on leaving or returning to the country. If you tell me which ciry you are in I can suggest lawyers-but it will be expensive and difficult

Customer:

I heard I won't be able to enter the USA. I live in Auckland

christhelawyer :

This will not stop you travelling to the USA. But if you want to try for discharge without conviction then try one of these lawyers

christhelawyer :












Vicki L PomeroySoleAuckland




Areas of Practice: Business, Civil Litigation, Commercial, Consumer, Conveyancing, Criminal, Debt, Family, Human Rights, Insurance, Maritime, Matrimonial, Property, Traffic, Transport, Trusts Estates Wills, Welfare


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Customer:

Thanks. Does it matter that I've already been convicted?

christhelawyer :

You would need to apply for resentencing. Let me reinforce that this will not be easy. I think you are worrying too much about the effect of this conviction

Customer:

Just checking, I was told I wouldn't be able to get into the USA or Germany and if that's true, likely many other countries too. Will this affect me being able to live and or travel to these countries. I read one of your questions about a Man going to Thailand that had been convicted of Marijuana after a long period of time. So do countries look to see whether you have a criminal record or not decide from there...or do they look into what the convictions were? I'm really just looking to see what I can and can't do. If you could answer all the questions that'd be really appreciate. I don't mean to be a nuisance.

christhelawyer : When you say, I have been told, who by? This is a driving offence not a serious criminal offence. It just wont affect you as you fear
Customer:

I think the duty solicitor at court mentioned I won't be able to go to the US. A person at University also said I wouldn't be able to. And I've been researching on the web and various forums say you cannot enter Canada with a DUI conviction.

christhelawyer :

I cannot answer that definitely as i am just an NZ lawyer. But I would be surprised. But use this if you can get proof and ask the lawyer you instruct to use this

Customer:

What do you mean by 'But use this if you can get proof and ask the lawyer you instruct to use this'?

christhelawyer :

I mean if you get some definite statement from Canada or other places that this will prevent entry, then use this as evidence in support of an application to get a discharge without conviction. But just do not get your hopes up as I still think it will be difficult

Customer:

Thanks. If I click 'Accept', will I be able to ask questions later on?

christhelawyer : Yes
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18909
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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