How to get rid of a Pending criminal record?
I was arrested 2 years ago for DUI, case has been pending ever since, court date came and went. They didn’t have my blood results and postponed the date. That was August 2015. Police stations won’t help me and my investigative officer was never there when I tried to get hold of him.
The matter is still pending in court. You cannot have a criminal record in respect to this particular offence at this phase. Why? You have neither been convicted nor sentenced. Section 35 of the Constitution provides that at the heart of the accused’s right to fair trial is speedy trial. What I think you can do in your next court appearance is to apply for the matter be struck off the roll due to unreasonable delays. It is not your fault that blood test result is being delayed for a better part of 2 years.
Amended by author 9th November 2017, 09:14
You said in your earlier post case was postponed because they didn’t have my blood. Matter cannot be postponed without a day set for next hearing, unless it was postponed sine die (indefinitely).