Reckless driving is a serious charge that many people in New Hampshire face. Whether you were speeding excessively, weaving between lanes, or driving in a way that put others in danger, a reckless driving conviction can have lasting effects. For those who have been charged with reckless driving, the question often arises: can I get this charge expunged? The answer, while not always simple, depends on several factors in New Hampshire law.
Expungement is the legal process of sealing or removing a criminal charge from your record. When a charge is expunged, it becomes hidden from public view, which can be beneficial for someone looking to move forward without the stigma of a criminal record. Having a reckless driving charge expunged can improve job opportunities, housing options, and even your insurance rates. However, the ability to expunge reckless driving charges varies, and not every charge is eligible for this process.
In New Hampshire, reckless driving is considered a motor vehicle violation, but it can also be treated as a misdemeanor if it involves particularly dangerous behavior. Understanding how New Hampshire law handles reckless driving and what steps you need to take to seek expungement is crucial. It’s also important to know that the expungement process does not happen automatically. You will need to follow legal procedures and potentially seek legal guidance to increase your chances of success. At, Tenn And Tenn, PA, we are here to guide you through the legal process and help you navigate the complexities of your case.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
What is Reckless Driving in New Hampshire?
Reckless driving in New Hampshire is defined as operating a vehicle in a manner that shows a willful or wanton disregard for the safety of others. This can include actions such as driving at extreme speeds, tailgating, running red lights, or weaving in and out of traffic. If you are charged with reckless driving, the penalties can be significant. These may include fines, points on your driving record, license suspension, and even jail time in severe cases.
New Hampshire takes reckless driving seriously because it poses a direct threat to the safety of everyone on the road. If someone is injured or killed as a result of reckless driving, the charges can escalate, making it even harder to have the offense expunged later. The severity of the reckless driving incident will play a role in determining whether the charge can be expunged.
Is Reckless Driving a Misdemeanor or Violation?
In New Hampshire, reckless driving can be either a violation or a misdemeanor depending on the circumstances. If the reckless behavior is relatively minor, such as speeding slightly above the limit, it may be considered a violation. However, if the reckless driving involved extreme speeds, driving under the influence, or endangering others, it can be treated as a misdemeanor. This distinction is crucial when it comes to expungement.
For violations, expungement is generally easier to obtain. Since violations are less severe than misdemeanors, the court may be more willing to seal these records after a certain amount of time has passed without any additional offenses. On the other hand, misdemeanors are more serious, and the expungement process may be more difficult, especially if the reckless driving resulted in injury or significant property damage.
Can Reckless Driving Be Expunged in New Hampshire?
Expungement of reckless driving charges in New Hampshire is possible, but it depends on the specific details of your case. If the reckless driving charge is classified as a violation, you may have a better chance of getting it expunged. However, for misdemeanor reckless driving charges, expungement is more challenging, and not all cases will qualify.
To begin the expungement process, you must first complete any penalties associated with your reckless driving conviction. This includes paying fines, serving any jail time, and completing a probation period if applicable. Once these requirements are met, you can petition the court for expungement. The court will review your request and consider factors such as your behavior since the conviction, whether you have committed any other offenses, and whether the reckless driving charge involved particularly dangerous or harmful behavior.
The court has the final say in whether a reckless driving charge can be expunged, and they may deny your request if they believe the charge should remain on your record. This is especially true if the reckless driving incident was severe or if you have a history of similar offenses. It’s important to present a strong case for why you deserve a fresh start and why the reckless driving charge should be removed from your record.
The Importance of a Clean Driving Record
Your driving record is more than just a reflection of your behavior behind the wheel. It can impact many areas of your life, including employment opportunities and insurance rates. Employers may check driving records when considering candidates for jobs, especially positions that involve driving. Insurance companies also use driving records to determine how much to charge for coverage, and a reckless driving conviction can lead to higher premiums.
Expunging a reckless driving charge can help clean up your driving record and give you a better chance at avoiding these negative consequences. However, it’s important to remember that not all driving offenses can be expunged. In cases where expungement is not possible, you may still be able to take steps to improve your driving record over time. Safe driving habits, attending defensive driving courses, and avoiding further violations can help demonstrate that you have learned from your mistakes and are committed to being a responsible driver.
Steps to Take for Expungement in New Hampshire
If you are seeking to have a reckless driving charge expunged in New Hampshire, there are several steps you need to take. First, you should obtain a copy of your criminal and driving records to ensure that you meet the eligibility requirements for expungement. These records will show any previous offenses and whether all penalties related to your reckless driving charge have been fulfilled.
Next, you will need to file a petition for expungement with the court. This petition should include a clear explanation of why you believe your reckless driving charge should be expunged and how you have demonstrated good behavior since the conviction. Providing evidence of completed penalties, such as payment of fines and any court-ordered programs, can strengthen your case.
Once the petition is filed, the court will schedule a hearing. At this hearing, you will have the opportunity to present your case and explain why expungement is in your best interest. It’s important to be prepared for this hearing and to present yourself in a respectful and responsible manner. If the court approves your petition, the reckless driving charge will be sealed from your record, and you will no longer have to disclose it in most situations.
The Role of Legal Guidance in Expungement
While it is possible to pursue expungement on your own, having legal guidance can greatly improve your chances of success. The expungement process can be complicated, and any mistakes in filing paperwork or presenting your case could result in your petition being denied. A legal guide with experience in New Hampshire expungement laws can help you navigate the process, ensure that all necessary documents are properly filed, and advocate for you in court.
Legal guidance can also help you understand whether your specific reckless driving charge is eligible for expungement. Since not all charges qualify, it’s important to have a clear understanding of your legal options before moving forward. If your reckless driving charge cannot be expunged, a legal guide can help you explore other options for minimizing the impact of the charge on your life.
Why Expungement Matters for Your Future
Having a reckless driving charge on your record can affect your life in many ways. It can limit job opportunities, increase your insurance rates, and create a negative perception of your character. Expungement offers a chance to remove this mark from your record and start fresh. By taking steps to seek expungement, you are showing that you are taking responsibility for your actions and are committed to moving forward in a positive direction.
However, expungement is not guaranteed, and the process can take time. It’s important to be patient and persistent in pursuing this goal. With the right legal guidance, you can increase your chances of success and improve your prospects for the future.
If you have been charged with reckless driving in New Hampshire and are wondering whether expungement is possible for your case, seeking legal assistance is a good first step. Tenn And Tenn, PA is a firm experienced in handling expungement cases and can help guide you through the process. To learn more about how they can assist you, contact them today for a consultation.