Archive for May, 2011
What to expect after an expungement in California – Expunge Your Criminal Records
May 30th, 2011 | 
Author: Please visit us at www.RecordGone.com Criminal Defense Attorney Jennifer Strange talks about what to expect after an Expungement of Criminal Records in California. In this video we answer common questions our clients have after successfully expunging their convictions. If you are looking to have your criminal record removed please take our online Free Eligibility Test.
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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.
Read more articles
Can You Expunge Your Criminal Record in Florida If You Still Have Open Charges?
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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.
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/.
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Article Tags:
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Dui Records Search and Dui Record Expungement
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Dui Records Search and Dui Record Expungement
By: C. Dyson
Posted: Jan 02, 2009
Views: 3,789
DUI criminal records may be a valuable source of criminal background history information about a person for someone like a prospective or current employer, insurance companies, universities, professional licensing entities, or whoever wishes to look up specific facts on DWI convictions or may be running a criminal background check against the DUI offender. Even if criminal information on someone has long been sealed or erased from other types of public records since long time ago, a DUI record may still contain it. Forever. The point is too many people fail to realize a DUI conviction will not clear from their criminal record automatically after a certain number of the years, be it even misdemeanor DUI charge, for DUI expungement is a civil action requiring plaintiff’s petition. DUI is the kind of record that can keep to appear on a person’s criminal record forever unless proper and required steps are taken towards its expungement. Moreover, not all states allow clearing record of driving under the influence, and some will have it done if certain requirement met only.
The general advice for the offenders is to consult their lawyer and get instructions on how it is possible to work proactively trying to clear your DUI conviction record. If you discover it’s impossible, you should at least make a bit of your own investigation to have an idea what exactly your prospective employer or landlord or someone else could discover when you consent to submit to a background check.
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Another useful thing to know is that normally both DMV and the court will have a DUI public criminal records on file. Many people fail to realize that deleting the record from court files doesn’t mean automatic expungement from the police DUI record maintained by DMV, and vice versa.
Again, if you are an offender wishing to have your DUI record expunged, you should do that only with the help of a qualified lawyer specializing in the matter. Contact your DIU lawyer still before spending your time and money what possibly can’t be done. For the moment of writing this review, DUI records expungement was 100% possible in California and Utah, as well as there were chances for DUI record sealing in Nevada; certain expungements were possible in Minnesota. In Florida, New York, Washington and Texas, DUI expungement is possible if the case is dismissed, vacated, set aside or terminated in any other way. The DUI related legislature changes quickly, so don’t get into despair if your state is not on the list. The things may change.
Even if DUI regulations and laws, as well as DUI records expungement standards differ from state to state, the requirements determining whether offender’s DUI record can be cleared or not, are very similar and normally they take into account the following:
The time that passed since the conviction before expungement application was filed;
Any incidents while driving after the conviction took place;
Type of the offense, gravity of the consequences etc.
Compliance with the terms of sentence.
If you have a DUI history, it’s time to see if you have a DUI record you may wish to expunge or seal.
C. Dyson – About the Author:
The Author of this article, C. Dyson, is an expert, who runs a website on criminal background check that can help you search criminal records, DUI records, arrest records, marriage/divorce records, unlisted phone numbers and much more.
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