Maybe. However, it is always in the Court's discretion on whether or not to grant your Motion to Vacate. The following must at least be present:
- You have a Reckless or Negligent Driving 1st Degree reduced from a DUI or Physical Control;
- 3 years have passed since you successfully completed probation (from when case is closed- not the last Court date);
- You have no new charges pending and/or convictions.
Keep in mind any new arrests (even if dismissed) and/or even previous convictions/criminal history might also affect whether the Court grants your motion. The "ideal candidate" to vacate is a person who has only one incident that was reduced and no other criminal history.
Alot of my cases over the years are professionals and others with no prior criminal record whatsoever who would like the opportunity to clear their records whether for employment, travel or other personal reasons. If you are successful, you will be able to say "you were never convicted of a crime". (update: a new law recently implemented has most likely lengthened the time frame you must wait from 3 years from the end of probation to 10 years from the date of arrest - check with my office for the latest interpretation of the law on this issue)
