Expunge My DUI

It sometimes happens that a person seeking to expunge a criminal record in Florida has open charges pending in another related case. Imagine, for example, that you are pulled over by a police officer for speeding. During the traffic stop, the officer discovers that your license is suspended and smells alcohol on your breath. You fail an administration of the breath test and are placed under arrest for driving under the influence (DUI). Your car is impounded and during an inventory search, a small amount of cocaine is discovered in your glove compartment. Charges are filed against you: possession of cocaine (a felony charge), plus DUI and driving with a suspended license (filed in misdemeanor traffic court).

You decide to hire a lawyer to handle your felony case and your lawyer works out a good deal with the State. Since this is your first criminal offense, you are offered a no contest plea with adjudication withheld. You accept, since your lawyer explained that having adjudication withheld means that you would be eligible to clear your criminal record. Now, you would like to begin the Florida expungement process with respect to the cocaine possession charge. However, the other charges from your arrest are still pending (recall the DUI and suspended license charge filed in misdemeanor court). Can you do it?

In Florida, the answer is no. First, you can only expunge a criminal record in Florida if charges against you have been dropped or dismissed by the prosecutor or court. When you receive a withholding of adjudication, you only may be eligible to seal your record. The main difference between record sealing and expungement is that a sealed record still exists (but the public is prevented from knowing its contents), while an expunged record is physically destroyed. However, under these circumstances you wouldn’t even be able to seal the record yet.

In a well-known case (to us Florida expungement attorneys, anyway), the Florida Department of Law Enforcement (FDLE), which is the agency responsible for determining whether you are eligible to seal or expunge a criminal record in Florida, denied the request of a juvenile seeking to seal a drug possession charge from his record under similar circumstances to the example given above. The juvenile appealed the FDLE’s decision to the courts. Florida’s Third District Court of Appeal held that the criterion set forth in Florida Statute Section 943.059(2)(d) specifically provides that an applicant is not eligible to seal or expunge a criminal record unless the applicant was not adjudicated guilty of committing any of the acts stemming from the arrest.

In layman’s terms, you cannot have any charges pending against you relating to the original arrest if you want to seal or expunge your record. All charges must be resolved before you can determine if you meet the statutory eligibility requirements. So although in our example above you received a withholding of adjudication on the cocaine possession charge, the DUI and driving with a suspended license charge remained pending, meaning you could ultimately be adjudicated guilty of either of these two charges and therefore be ineligible to seal any part of the record.

This reasoning extends to open charges in an unrelated case as well. The Florida statutes state that in order to be eligible to seal orexpunge a criminal record, you must never have been convicted of any crime, anywhere. If you have open charges, there is a chance you could be convicted on these charges and therefore would not be able to move forward with record sealing or expungement until all charges against you have been resolved.

Originally published here.

It is not an unfamiliar situation that at night on your way back to home after a dinner at your friend’s place you are stopped by the police and been asked to give a sobriety test. If they find you intoxicated then you will be charged and arrested for DWI and also they will suspend your license. In this case, you will have to appear in front of the district judge.

If you are convicted of DWI and if it is your first time then hopefully you would not be sent to prison but will be ordered to pay fine and perform community services. The judge may also order you to attend an alcohol education course. If you are in such a situation you should hire an experienced and successful Texas DWI lawyer or Texas DUI attorney. These Texas DWI lawyers are highly experienced in handling cases of drunk driving charges.

There are many Texas Criminal Law Firms and Texas DWI Law Firms. The DWI laws actually fall under the Criminal Laws, but the Texas DWI Law Firms are considered the best because they have renowned Texas DWI lawyers and Texas DUI attorneys to take such cases.

The charges you may face while driving being drunk could be driving while intoxicated, intoxication assault, endangering a child or any other case related to drunk and drive. These Texas DWI law firms also help you by dealing with Department of Public Safety during the Administrative License Revocation Hearings and try to get an occupational license for you so that you can at least drive for your job during the trial session.

If you search through the Internet you will find out Texas DWI Law Firm, Texas DUI Law Firm, Dallas DWI Law Firm and you will also find out the names of well-known DWI attorneys. These Law Firms and DWI attorneys may even guide you and provide you with some tips on how to get out of the whole mess. If you visit the websites of any Dallas DWI Law Firm or a Texas DWI Law Firm you will be able to register your name and details and hire a DWI or DUI attorney for your case.

These Texas DWI law firms handle clients within the geographical area of Texas. You can hire Texas DWI attorney to handle your trial if you live in places like Houston, San Antonio, Austin, Conroe or in any other part of Texas. Since Dallas is the most popular place in Texas you can also search the net with key words like Dallas DWI law firm or Dallas DUI attorney etc.

So if you, your friend or any of your family members are in such a trouble, then contact a Texas DWI law firm or a Texas DWI attorney to get rid of this problem.

Originally published here.

At the law offices of Robert Bradley Blackman Attorney At Law, we are dedicated to serving your legal needs. We will treat your legal matter with the highest level of service and professionalism. As a former municipal court judge and former municipal prosecutor, Mr. Blackman has the expertise and resources to provide the highest quality legal services in a cost-effective manner. Whether your legal matter is related to an accident, injury or other concern, we are dedicated to providing our clients with prompt, professional and friendly service. Please call today to schedule a free initial consultation. With more than 35 years of experience in criminal law, divorce, personal injury and other matters, you can feel safe that Mr. Blackmans extensive background and successes will help guide you through your most difficult times. He offers his skillful and qualified representation in the following areas: Criminal Law, Municipal Court, DWI-DUI, Juvenile Law, Traffic, Personal Injury, Accidents, Slip & Fall, Contract Litigation, Real Estate (Commercial and Residential), Divorce and Expungement.