Complicated Multi-state Dui, Haven't Found A Lawyer That Understands Both Sides
Location: NC/SD
Good morning, I'll try to keep this brief.
I was a resident of NC, but get sent out of town for 1+ years for work. I was living in SD at the time, (Jan 2025) and got a DUI. First offense. I blew a 0.17 (had no business driving, lesson learned, never doing it again). I used a suspended imposition, which to my knowledge should publicly seal the DUI after I meet the conditions. I met all the conditions 2 weeks ago.
However, in SD, the probationary period (conditions) allow you to keep your license. To be safe, since I lived there, I switched to an SD license. However, it was too late. I got a letter from NC saying they were suspending my license for one year. My SD lawyer didn't understand how NC found out, even though I had an NC license it still should not have been shared. The clerk of courts confirmed they didn't share. Our theory is that I had a CDL permit that expired 3 years before, but it put me in the federal system. (I never went past a permit).
So, I went through the suspension, and reinstated my NC license 2 weeks ago. My SD lawyer doesn't know NC law, as far as he knows a suspended imposition wipes everything. I called an NC lawyer, who never dealt with suspended impositions, and pretty much said I am at NC's mercy and nothing I can do.
I ordered my driving record, and sure enough, there is a DUI conviction on my record. The strange part, my NC driving record says: "Out-of-state convictions: no data to report." There is a conviction for North Carolina though, and there is a suspension on my record.
I spent thousands to get that suspended imposition to try to have a chance to update my record (I want to pursue a CDL), and understand it's probably a low chance of getting fixed. Just wondering if anyone out there might have been involved in a similar situation. If so, am I out of luck, or is there anything I can do? If SD reports the conviction is sealed, is there a chance NC will reciprocate?
Thanks in advance.
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