• How many years do I have to wait to vacate a Felony?

    If it is an eligible Felony, for example not Class A or violent offense etc. (complete list to come) – Class C is a 5 year wait from the date of discharge.  Class B is a 10 year wait from date of discharge. More later on what and when the date of discharge is for vacate purposes.

  • Can I vacate my Reckless or Negligent Driving charge?

    Yes. Most of the time – if you meet specific condition s. (i.e. no new criminal convictions among others) You can still vacate a Reckless or Negligent Driving conviction reduced from DUI. However, because of recent changes to the law the eligibility date is not as clear anymore. Because of these uncertainties – you should consult an experienced DUI attorney about the process and should not try to do it yourself. Either you can make the Motion 3 years from the date of the close of probation on your case (probation normally 1-2 years) or 10 years from the date of your original DUI arrest. What the Court will do depends on whether the prosecutor is arguing the 10 year interepretation applies and what the specific Judge is doing.