QUESTION

If a DUI conviction was appealed and won, meaning overturned, will it be listed on a criminal conviction search. This happened in 1979

Asked on Jan 21st, 2013 on DUI/DWI - New Jersey
More details to this question:
Does an arrest constitute a criminal conviction, if the charge was overturned on appeal?
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2 ANSWERS

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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an 'arrest' is an 'arrest' and not a 'conviction'. the 'arrest' will be listed on a 'criminal background check'. the DUI conviction and the successful appeal of the conviction will also be listed. the issue is that these charges are 'motor vehicle violations'. motor vehicle violations cannot be expunged.  ed dimon, esq. 732-797-1600 ext 235
Answered on Jan 23rd, 2013 at 1:06 PM

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Nursing Home Abuse and Neglect Attorney serving Huntington, NY at Law Offices of Darrin H. Berger, Esq.
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Congratulations. There are many miscarriages of justice perpetrated in the courts of original jurisdiction that go uncorrected because people don't have the resources, time and fortitude to have their cases reviewed by an appellate court. To answer your question, a reversal of your conviction on appeal is tantamount to an adjudication of not guilty by a jury of your peers and no conviction should be on your record. If the State of New Jersey fails to remove the conviction from your record, you should get a Court order expunging the conviction
Answered on Jan 21st, 2013 at 2:30 PM

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