Expunged DUI Records | DUI Expungement – Can I Clear a DUI Charge From My Record in Florida?

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DUI Expungement – Can I Clear a DUI Charge From My Record in Florida?

May 28th, 2011 |

Author: Expunged DUI Records

DUI Expungement – Can I Clear a DUI Charge From My Record in Florida?

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DUI Expungement – Can I Clear a DUI Charge From My Record in Florida?

By: Karen Kilpatrick
Posted: Oct 18, 2010
Views: 108

The bad news first. It may not be possible to seal your DUI criminal record in Florida, since it is current prosecutorial policy in Florida to not offer a “withholding of adjudication” for DUI charges. Receiving a withhold adjudication means that the court is not formally adjudicating you of the crime charged. Another way of putting it is to say that the court is not formally convicting you. This distinction is important in Florida, since charges that you receive a withhold adjudication on are eligible to be sealed, while charges that you are formally convicted of cannot be sealed. However, if you received a withhold adjudication from a number of years ago or the policy changes in the future, you still may be eligible.

You may, however, have been successful in getting the DUI charge reduced to a lesser charge, such as reckless driving, for example. If you received a withhold adjudication for a lesser charge, then you may be able to seal your record, assuming you meet all other eligibility requirements. Remember, in determining your eligibility to seal a record under Florida law, you must look at the ultimate charge that adjudication was withheld on, not the original arrest charge.

In addition, if your DUI charges were not prosecuted or dismissed by the State, or thrown out by the court, then you potentially could have that arrest expunged, again assuming you meet all other eligibility requirements. In Florida, acquittals are not eligible to be expunged or sealed. The idea is that the public need to access important public records such as jury trials outweighs any one individual’s interest in having his or her records sealed. Personally, I’m not too sure of that logic, but unfortunately it is what it is, as they say. You also cannot expunge any convictions in Florida (and this rule is equally applicable to DUI convictions).

Basically if you can answer “no” to the following questions and your charges were dropped or dismissed, or you received a withhold adjudication, you should be able to seal or expunge your DUI arrest:

1. Have you been convicted of crime in any state before?

2. Have you sealed or expunged a criminal record in any state before?

3. Are you currently under court supervision (probation etc)?

Record sealing and expungement law can be confusing, but most Florida attorneys that specialize in this area of the law and will offer free evaluations to help you determine your eligibility.

Karen Kilpatrick – About the Author:

Karen Kilpatrick is dedicated to helping people put their past mistakes behind them. If you are interested in obtaining a free eligibility evaluation, or just learning more about florida expungement, visit http://expungerecordflorida.com/.

Source: http://www.articlesbase.com/criminal-articles/dui-expungement-can-i-clear-a-dui-charge-from-my-record-in-florida-3500080.html

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Why Do You Need To Hire A Skilled Dui Attorney In Nevada?

May 27th, 2011 |

Author: Expunged DUI Records

Why Do You Need To Hire A Skilled Dui Attorney In Nevada?

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Why Do You Need To Hire A Skilled Dui Attorney In Nevada?

By: Daniel Smith
Posted: Mar 22, 2010

There can come many circumstances when you need to hire an attorney of DUI Nevada. DUI of alcohol is a serious crime and if you have been caught by the police due to the same then you should contact with an expert Dui attorney or to come out from the incident. Because a DUI charge in Nevada may affect your personal freedom, your employment and your future. Conviction for driving under the influence of alcohol in Nevada will have a long lasting consequence.

It can be challenge to understand the Nevada DUI laws. So you should hire an experienced DUI attorney or lawyer who concentrates only on that particle case and do it fast as a DUI case can be very difficult also.

Your lawyer should take a review or your “Drunk Driving Charge” to give you a better outcome.

What does Nevada Dui law says?

There is a limitation of the percentage of alcohol, like .2% for the driver who is under 21 years of old, for commercial driver’s limitation is .4% and 0.8 % is for general. As per the BAC content a driver can be convicted or arrested.

If you have caught by the police for first DUI offense then it is also punishable and misdemeanor. You can be punished by $1000 fine and jail for six months. There is minimum cost of a first DUI offense is $200 fine, chemical test fees of $60, as a court cost you have pay $70, and 96 hours in community service or jail for two days. And you have to complete the drunk driving education course and attendance is mandatory. You will also have to pay $100 for an alcohol evaluation if you are under 21 years of old. Don’t try to refuse the blood test, as per the law they can force you for the blood test if breath test is refused.

An insurance effect:

On the basis of conviction, your insurance rates likely to increase dramatically, and your carrier may drop and forces you finding a carrier which offers less coverage even more money.

For fist time DUI offense there are certain penalties like:

For under the age of 21: as I already told that the blood alcohol percentage limit is .2 only. And you may be subject to criminal penalties. For 90 days your license will be revoked and you have to pay $100 for the alcohol evaluation done.

Affects on drivers’ license: you have to pay $65 as a reinstatement fee; your licensed will be revoked for 90 days, as per a civil penalty of victim’s compensation you have to pay $35. Driver license fee is 21.75$, and DMV tests.

As a criminal: you will be arrested and you have to be in community service for up to 96 hrs or jail up to 180 days. And also you have to pay $400 to $1000 as a fine, for chemical test fee $60 you need to pay and you have to be in victim impact panel.

Daniel Smith – About the Author:

Daniel Smith is an renowned author known for his writings on various topics of law related issues like DUI Nevada etc.

Source: http://www.articlesbase.com/law-articles/why-do-you-need-to-hire-a-skilled-dui-attorney-in-nevada-2027263.html

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California DUI Expungement

May 23rd, 2011 |

Author: Expunged DUI Records

Expungement of DUI Cases

If you have already been convicted of a DUI, you may become eligible for an expungement of your DUI conviction under California Penal Code Section 1203.4. An expungement results in a dismissal of your case. If you are granted an expungement, the court will set aside and dismiss the conviction. Specifically, the court will withdraw your guilty or no contest plea, or guilty verdict if you went to trial, and grant a not guilty plea.

Why should you apply for an expungement of your DUI?

There are several personal and professional reasons why someone would want to apply for an expungement. An expungement is not automatically granted, and will not be granted in the event that you have broken any law since you received your DUI conviction, so the fact that your conviction is set aside proves to you and others that you have learned from your experience and have lived a law-abiding life since your conviction.

On a professional level, you can truthfully tell private employers that you have not been convicted of a crime. What’s more, California Labor Code §432.7 prevents employers from asking about any arrest that didn’t result in a conviction, inquiring about it from other sources or use it in a hiring decision. Note that if you ever apply for a job with a public entity, or for a professional license, when asked if you were ever convicted of a crime, you will have to report “Yes, and my conviction was dismissed.” Again, the fact that your conviction was set aside will definitely reflect more favorably on your character and indicates that you have fulfilled the requirements necessary to have your conviction set aside.

Additionally, most Licensing and Certification agencies in California will not grant a license to someone who has been convicted of a crime. The same is true for Governmental jobs. However, if your conviction has been expunged, most Governmental licensing and hiring agencies (except police agencies) are required to treat you the same as if you were never convicted of the crime.

What An Expungement Can Do For You

An expungement will reflect that your conviction has been set aside. An expunged record cannot be used by private employers as a basis to deny you employment. Also, in the State of California, Government Employers (except for the police) and Licensing Agencies such as the Department of Real Estate, Board of Nursing, etc., will treat you the same as if you have never been convicted of a crime if your record has been expunged.

What An Expungement CANNOT Do For You

An expunged record can still be reviewed by a judge for the purposes of increasing your sentence if you are ever convicted of another crime in the future. Also, an expungement does not wipe out your criminal record. Your criminal court file will not be physically destroyed, and is therefore searchable and is often discovered by private investigators and others who perform background checks. If your criminal court file is discovered, it will show that your conviction was set aside by the court. Accordingly, the Judicial Counsel of California advises that if you are asked by a private employer if you were convicted of a crime, you should answer “Yes, and the conviction was dismissed.” In the case of public employers and licensing agencies, you are required to answer that you have been convicted of a crime and that your conviction has been dismissed. Additionally, an expungement will not automatically grant you the ability to possess a firearm, nor will it restore any driving privileges that were revoked by the DMV due to the conviction.

When Can You Apply For An Expungement?

If you have been convicted of a misdemeanor DUI in a California state court (a 1st, 2nd or 3rd DUI with no accidents or injuries involved), and were not sentenced to prison, you are eligible to apply for an expungement at the end of your probation term. If your probation term has not ended but you have fulfilled all other terms of your probation (such as CalTrans, community service, payment of fines) your lawyer may apply for early termination probation. Once early termination of probation is granted, you will be eligible to also apply for an expungement.

If you have been convicted of a Felony DUI in California, you would first need to petition the court to reduce the felony to a misdemeanor. So long as you were not sentenced to prison, and your Felony is reduced to a misdemeanor, you will be eligible to apply for an expungement.

If you served time in State Prison or otherwise were under the care of the Department of Corrections, you will not be eligible for an expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons.

Originally published here.

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