Expunge Your DUI

For many, college is a springboard into a world of great opportunity. If your college student son or daughter has been accused of a crime, it is vital to expunge the charges or at least minimize their impact on his or her future. For an experienced attorney, there may be a variety of methods used to keep a college student’s record pristine so that he or she may have a clean slate in the eyes of prospective employers. In many instances, your son or daughter may be able to enroll in a program in lieu of a conviction. If your college student has been accused of a crime, it is essential to attain a defense lawyer who possesses a complete knowledge of the options available and the tactics necessary to avoid conviction and to protect your son’s or daughter’s future.

The consequences of being convicted for driving under the influence of drugs or alcohol are in no way diminished if you are not old enough to be drinking in the first place. Leniency is much more difficult to come by, especially if aggravating factors are involved in your case, so it is even more critical to protect your rights and your future by retaining an attorney who is experienced in dealing with DUIs in your state.

Most states have adopted a Zero Tolerance Policy for those under the age of 21, which means that if your blood alcohol concentration, BAC, is higher than 0.0%, you could be arrested and convicted of DUI. However, in Maine, in order to be convicted of DUI while under the age of 21, you must be impaired or have a BAC of .08% or higher.  Here are just some of the potential consequences that you could be facing for a DUI as a minor, in no particular order:

Jail

Yes, jail time is a potential outcome if you are convicted of a DUI even as a minor, depending on several other factors.  In Maine, DUI is not a juvenile offense. Being underage is considered an aggravating factor in a DUI case, so you could see increased likelihood for jail or other consequences.

Monetary Fines

You may be responsible for thousands of dollars in monetary fines, very similar to having to pay a ticket for speeding if you are convicted of DUI. The amount depends on the state and other circumstances, but could total several thousand dollars that must be paid before your driving privileges can be restored. When serious bodily injury or property damage and/or fatalities occur, you could also face criminal restitution charges to the victim(s) or their families as well.

Loss of Driving Privileges

A DUI conviction almost always leads to loss of driving privileges, but the length of time depends on the case. If you are underage, that time could last a long time, depending on the state, judge, and circumstances. The younger you are, and the more serious the aggravating factors, the longer you will likely be without driving privileges.

Mandatory Rehab and Counseling

Minors convicted of DUI will likely face court-ordered rehabilitation or alcohol/drug counseling before the record is wiped clean. However, in Maine, because DUI is not a juvenile offense, if convicted, you have a criminal record and there is no expungement process.  This could be in the form of alcohol education classes, hospital rehabilitation or modern rehab facility, psychiatric counseling, and more, depending on several factors. You will be required to completely finish all courses or classes, including presenting a certificate of completion to the judge before your record is expunged, depending on the case and availability of expungement for minors.

This information is provided solely for informational purposes and does not constitute legal advice.

Originally published here.

In order to expunge a criminal arrest record in Florida, you first must meet certain eligibility requirements under Florida law. Briefly, the charges against you must have been either dismissed by the court or your arrest “Nolle Prossed,” (meaning the prosecutor decided not to press charges against you). Do not confuse expungement of records with record sealing. If you received a “Withhold Adjudication” you may be eligible to seal your record, but not expunge.

When your record is expunged, the entire record is physically destroyed and purged from the criminal justice system. No one, except the Florida Department of Law Enforcement, will know that you were ever arrested. This is slightly different then when you seal a criminal record. The contents of a sealed record are not publicly accessible, but anyone asking would know that a record actually exists. Think of a sealed envelope – you know the envelope is there, but you just can’t see inside of it. Sealed records are eligible for expungement in Florida after ten years.

The Florida expungement process typically takes between four to seven months. First, you must fill out “Section A” of an application stating general information about the charges against you, outcome of your case, and some personal identification information. The application then must be notarized and sent to the State Attorney’s Office to fill out “Section B.” You must also send what is called a “Certified Disposition” with the application, which can be obtained directly from the Clerk of Courts. After the State Attorney’s office completes “Section B,” you will have to send the fully completed application, Certified Disposition, fingerprint card and $75 check or money order to the Florida Department of Law Enforcement (who will then complete “Section C”).

Next, you wait (and wait, then wait some more..!) for the Florida Department of Law Enforcement to issue you a Certificate of Eligibility. Altogether, you can expect the process up through receipt of the Certificate of Eligibility to take between three to four months. Once you do receive your Certificate of Eligibility, you will have to petition the court to expunge your record. This entails filing a motion, affidavit, and Order for the Judge to sign, along with paying all court costs. A certified copy of these filings must be provided to both the State Attorney’s Office and the arresting agency. You may or may not be required to attend a hearing, depending on whether the State Attorney’s Office objects to your petition, or which Florida county you were arrested in. Once the Judge grants your petition and signs the Order, the Clerk’s Office will perform the expunction of your record. Notice must be sent to all known agencies involved, such as the arresting agency and all State and Federal databases. It is helpful to actually name these agencies in the Order.

Don’t think you have a criminal record that needs to be expunged? Please remember, even if you have completed a pre-trial diversion program and your charges were dismissed you will still have an arrest record accessible and available for public viewing. If you have ever been arrested, a record of your arrest will be present unless and until it is sealed or expunged.

Originally published here.