May2011
DUI Expungement – Can I Clear a DUI Charge From My Record in Florida?
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.
Originally published here.
Karen Kilpatrick
Expunge Your Criminal Record in Texas – Expungement in Texas
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Tips on Dealing with Consequences of DUI
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Home Page > Law > Tips on Dealing with Consequences of DUI Categories AdvertisingArts & EntertainmentAutomotiveBeautyBusinessCareersComputersEducationFinanceFood and BeverageHealthHobbiesHome and FamilyHome ImprovementInternetLawMarketingNews and SocietyRelationshipsSelf ImprovementShoppingSpiritualitySports and FitnessTechnologyTravelWriting ]]> Tips on Dealing with Consequences of DUI By: DavidClark Posted: Dec 20, 2010
Driving under the influence (DUI), as we know, is an act of driving while a person is intoxicated either by alcohol or drugs. The drunk driving statistics have been quite alarming in the recent past. In 2008-09, there were nearly 38,000 DUI cases in the US alone, with states like California, Georgia, Florida, and Texas recording the highest number of DUI cases. Considered to be a criminal offense in the US and several other parts of the world, this phenomenon has prompted lawmakers to crack down on DUI offenders, ordering harsh penalties for the convicted drivers. Currently, all states in the US have enacted per se laws that restrict drivers having particular blood alcohol content (BAC) level from operating a vehicle. Generally, the specific DUI laws vary from one state to the other and from country to country.
Consequences of DUI
The DUI penalties depend on whether you are convicted of similar offenses in the past. If this is your DUI first offense, you are expected to pay a huge fine. In many states, your license is suspended temporarily and it becomes mandatory for you to attend DUI educational classes. Other consequences are:
Read more articles San Mateo DUI Attorney, San Mateo DUI Lawyer, Redwood City DUI Lawyer, Redwood City DUI Attorney• If this is your second DUI offense, you will certainly face jail sentence, permanent license suspension, a hefty fine and/or court cases.
• Most employers prefer that their employees should have a clean driving record. So, if you have DUI records, chances are that you may lose your job and also have problem finding a new job.
• Those convicted for DUI driving also have to pay higher insurance premiums to their company. At times, the existing policy is also dropped under the drunk driving laws of a particular state.
• Other problems may occur, for example, DUI arrests can weaken an individual’s position in a custody battle, rental applications may get rejected and educational scholarships and loans may be denied.
• In countries such as Canada and some states in the US, immigration related rights may be denied or delayed.
Consulting a DUI attorney
DUI records can be disastrous for your future. But what should you do if you are convicted? You have a solution. The most important step is to consult a competent drunk driving attorney. There are criminal law firms that have specialized lawyers who handle DUI-specific cases. With the advent of the internet, finding the best san mateo dui attorney has become even simpler today.
What you need to know while looking for a DUI lawyer?
You should look for a knowledgeable and experienced DUI lawyer, who knows the DUI laws and ensure that you avoid the severe penalties following a drunk-driving conviction. Look for the number of DUI cases he has handled before and how those trials were resolved.
It is important that you are absolutely honest with your lawyer when you inform about you prior DUI history. For first time DUI offense, penalties are less severe than second or third time DUI cases. You should also produce the necessary documents that are required by your lawyer. He will be your best guide who knows the tricks of the prosecution and in many instances will help you get a DUI expungement as well.
DavidClark – About the Author:
David Clark is an experienced writer that beautifully describes the conditions of attorney in various part of San Mateo, for this he takes many reward and pride. San mateo dui offices attorneys has an extensive knowledge and experience gives his client the best advices according to ones cases.
Source: http://www.articlesbase.com/law-articles/tips-on-dealing-with-consequences-of-dui-3882610.html
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Related Questions How many sex and the city episodes? What are the consequences of getting in a dui accident while on felony probation in a seperate county? I got my first dui and i want to fight it the problem is i cant afford a lawyer and you are right about public defenders they dont care what is my best bet & if i need a lawyer how do i get a cheap 1 ]]> Need Help? Contact Us FAQ Submit Articles Editorial Guidelines Blog Site Links Recent Articles Top Authors Top Articles Find Articles Site Map Mobile Version Webmasters RSS Builder RSS Link to Us Business Info Advertising Use of this web site constitutes acceptance of the Terms Of Use and Privacy Policy | User published content is licensed under a Creative Commons License.Copyright (c) 2005-2011 Free Articles by ArticlesBase.com, All rights reserved.
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