Can my misdemeanor B be changed to an A? 35 Answers as of February 27, 2012

Some reduction in the severity of the charge is possible and I would suggest you secure the services of an attorney who is skilled in defending people charged with DUI.

Any attorney can get the case expunged. But that must not be what is keeping your license suspended. The DMV doesn't keep records of DUI s more than 10 years. It must be something else, such as if you had an accident that was your fault and you didn't pay for it; or if you didn,t go to your First Offense Drinking Driver Program after the last conviction.You should go to DMV and ask them how to get reinstated.

The issue now is that you need to clear up your previous suspensions and file the paperwork to get your license back. I'd recommend you bring in a lawyer to review your history and sort out your current situation. If you have multiple convictions for driving on a suspended license, a misdemeanor, and if you did not pay your driver's responsibility fees, you could have some serious financial obstacles to get your license back. In some situations, a person with a prior OUI conviction may be eligible to apply for a hardship, restricted license; however, they need to clear up other previous suspensions, will probably need to win at a hearing, and will need to be at a point when they can apply for reinstatement of their license. Based on your description, it sounds like you are interested in changing the classification of your OUI to a non-traffic code offense. Generally speaking, judges in some situations have the authority to set-aside a previous conviction or order a new proceeding. However, that discretion is rarely exercised and is only used in very specific circumstances. It is highly doubtful a judge would be willing to change the classification of a conviction from twenty-years ago. Currently, traffic offenses are excluded from the law which allows you to set-aside previous convictions. Further, because you picked up additional misdemeanor convictions, you would not be eligible for relief under that law anyway. For now, though, I'd recommend looking at alternative forms of transportation rather than risk a chance on being stopped and charged with another misdemeanor. I'd recommend you retain a lawyer to help you sort through your suspensions and come up with a plan to try to get your license in back.

You should file a grievance against the attorney who took your money and did nothing for you. The cure for your problem is to get your license restored. An experienced attorney can counsel you on the things you need to do to get your license back. Hire an experienced lawyer who thinks he can help you. File a case with the Attorney Grievance Commission on the crooked lawyer. They may even make him pay you back. It hurts all good and honest attorneys to have someone like this do what he did to you.

If you were convicted, the charge usually cannot be expunged. I suggest you go to DMV and get a copy of your record. It may be a fairly simple process to have you license reinstated - they may be able to point you in the right direction and save you some money.

Ask for a court appointed attorney and tell them your story, they will help you. And if they don't, try the judge.

In Oregon a DUI can be charged as either a class A misdemeanor or a felony (dependent on the number of previous DUIs as well as the facts of the current DUI charge). Typically a first time DUI conviction will have a 1 year driver's license suspension from the date of conviction. If you were to drive during this suspension period, this charge is called Driving While Suspended (DWS) and is a Class A Misdemeanor with a maximum 1 year in jail and a $6,250 fine. Neither a DUI nor a DWS are expugnable as they are both 'traffic offenses' for purposes of the expungement statute. It would be best to talk with a knowledgeable DUI Lawyer to help with mitigating any circumstances surrounding the new charge of DWS. It is possible to have different programs as 'punishment' for a DWS, but you would certainly need a good DUI Lawyer to help with this process.

You cannot have a DUI expunged from your record. I am not sure what your problems are if your DUI was 20 years ago. But your comment that you "have been no angel" lead me to believe that there are things that you have not told me. The only way to provide you with any kind of advice is to look at your driving record and your criminal history. Unfortunately, you need an attorney to help you review that.

A OWI, formerly DUI, charge cannot be expunged. If you only have one charge and have paid all fines, costs and driver responsibility fees, you should be able to get your license back. You should consult with a different attorney who hopefully can help you.

In NH, you cannot "expunge" a DWI conviction - you can petition to annul the conviction provided that you satisfactorily completed any and all terms of your sentence and waited the statutory time period. If you keep getting stopped for driving while suspended for DWI, you need to find out why you are still suspended for DWI - you may have not properly restored your NH driver's license. Additionally, a Class A Misdemeanor in NH is punishable up to 12 months in jail and or a $2,000 fine. A Class B Misdemeanor is punishable up to a $1,200 fine with no possibility of jail time. You should contact an experienced NH DWI attorney to discuss the facts and circumstances of your situation and case.