Expunge Your DUI Arrest

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.

If you are pulled over on suspicion of DUI, one of the first questions the officer will probably ask is how much you have had to drink. Though most people assume that it is best to comply with all of the officer’s requests and answer all of his questions, you should not speak to police during a DUI arrest. Though you must provide identification and proof of insurance when pulled over on suspicion of DUI, you are not obligated to say anything further to the police officer, either on the side of the road or once you have been arrested and taken to the police station. During a DUI arrest, you should not say anything to police other than requesting to speak with a DUI lawyer. You do not have to answer any questions without your lawyer present.

However, if you feel like you need to unburden yourself to an officer, do it politely and pleasantly. Never argue with the cops. Remember that what you do is just as important as what you say; cops will watch your body language so they can use it against you in court. The majority of people think they are innocent and end up ruining their case by talking to the cops during the DUI arrest. Save any arguments for your court date. If you feel you must answer the cop?s questions during the arrest, make sure you do it truthfully. If you lie, it can damage your credibility in the court?s eyes.

Make sure you are very careful and don’t tell the police anything about your recent drinking activities, even if they ask directly. It’s important not to do this even if you think it proves your innocence. Never tell the police that you’ve just had a couple of beers because this may be used as a reason to arrest you. Your DUI attorney should have an easier job fighting your case if you don’t say anything rather than risking saying the wrong thing. Exercise your right to stay silent and let your lawyer do all the hard work.

The arresting officer may attempt to make ?small talk? with you; do not answer even these seemingly harmless questions. Not only is the officer interested in your answers to the questions asked, but he is also looking for signs of inebriation. Are you slurring your words? Can the officer smell alcohol on your breath when you open your mouth? Both can be used as evidence to arrest you on suspicion of DUI.

Remember that anything you give to the cop during the DUI arrest will be used in the case against you. From the moment you are pulled over, do not give out any information. Statements you make out of court make it difficult for the DUI lawyer to save you from jail time or fines, possibly both. Remember that answers to questions asked by the arresting officer is evidence, something he/she wouldn?t have otherwise. It?s perfectly fine to take the fifth during the DUI arrest.

Originally published here.

There are several ways in which to do this and the procedures do vary. But this can be accomplished from any state.

Not everyone is eligible for expungement, there are ways to seal the record no matter which state you live in.

I am going to show you what to do when when you need to expunge your DUI You are not alone. Each year 1.4 million people that is one out of every 135 people in the US are arrested by the police for driving under the influence.

There is so much knowledge available now to develop strategies that will clear your driving record and or minimize the effect having a DUI will have on your life.

This has been organized into a step-by-step process that literally walks you through the exact steps you must take to get this done. But not everyone will be eligible to use the information. Before I can tell you more specifics of the knowledge contained in the DUI Process Manual.

Please take note of the eligibility criteria below…If your offense is related to vehicular homicide, you are not eligible.

If your DUI offense is complicated with felony drug charges you most likely are not eligible.

If your DUI offense involves extensive property damage and/or severe accident or injury you are not eligible.

If you are ELIGIBLE …then expunging your DUI record can occur. You need to study the information available in the DUI Strategies Report which I am going to give you for FREE!

Each state has different DUI laws, but the way in which your records are handled is similar nationwide.

Ok, so you want to know how to expunge your DUI The DUI Process Manual goes in depth on strategies that will help you through the DUI Experience.

It was written by a collaboration of people, all with different areas of professional expertise. Then edited and organized by people who have been in your exact same shoes. That is very important. So if you need to expunge your DUI this is the manual you should not be without.

Originally published here.