Expunged DUI Records

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.

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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.

Originally published here.

‘DUI’ is the abbreviation for the legal term ‘Driving Under Influence’. It is widely known as ‘drunk driving’ and is an act of using any vehicle during or after consuming alcohol and/ or drugs.

DWI (Driving While Intoxicated) and DUI are identical terms that represent a crime of operating a vehicle, being under the influence of alcohol and/or drugs. Drugs mainly like amphetamines, marijuana, tranquilizers, opiates, and cocaine are involved in DUI cases.

Drunk driving is not a minor offense. It is actually a serious crime that can have grave repercussions. It is not possible for an ordinary person to understand the twists and turns of a DUI case. Hiring a DUI lawyer can be of great help in being aware of the legal implications that are involved.

The process of a DUI lawsuit commences when an officer finds any vehicle moving at an alarming speed. Blood Alcohol Level (BAC) is then carried out on the driver. BAC is a scientific method to check the level of alcohol in a person’s blood. An alcohol measure of 0.08 or more in anyone’s blood leads to a decision that the person is intoxicated.

Only a good and efficient DUI lawyer can assist an accused person in fighting his case at the court by the help of excellent advocacy and sharp verbal skills. A professional DUI attorney would have the following duties.

Special Assistance – Your lawyer will provide you with expert help regarding the case. He will assist you to realize the consequences of a case. A courtroom set-up can be difficult to handle. With a lawyer around, you would not have to be tense regarding the case.

Honest opinions – A qualified lawyer would definitely present his honest opinions to you regarding the case. A good lawyer is the person who can make accurate analysis of a the repercussion of a case.

Paper-work Help – A court hearing takes into account a considerable amount of paper-work. An expert DUI attorney will be well acquainted with legal documents and formalities regarding a case.

No Assumptions – A DUI case is a severe felony and one should not take this casually. A proficient lawyer will be able to give you the accurate opinions regarding your case. There would be no place for assumptions in your case with a lawyer around.

Originally published here.