Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals
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If you have been arrested or charged with DUI, but never convicted of that offense, the arrest and charge will still show up on criminal background checks. You may be required to disclose the arrest and charge in certain situations, such as employment applications.
Sealing your record means it will not show up in most private employment background checks, and you will usually not be required to disclose it. If your DUI case was reduced to reckless driving and the court withheld adjudication then you may be able to seal the record. If your charge was completely dropped by the prosecutor or dismissed by the court then you might be eligible to expunge the record. If you were convicted of DUI or reckless driving or any other offense, then you will not be eligible to seal or expunge the record.
If you have been arrested but not convicted of DUI, you may be eligible to have your DUI arrest record sealed or expunged. The process to have a record sealed or expunged is long and complicated, and an experienced Tallahassee DUI defense lawyer can help guide you through the complex process to seal or expunge your DUI record.
If you have a DUI arrest on your record, expunging your record can be enormously beneficial to your future. Hiring an experienced DUI defense lawyer in Tallahassee is very important if you are seeking to seal or expunge your DUI record in Florida. The attorneys at Pumphrey Law are familiar with Florida legal procedure and have successfully helped clients seal and expunge their DUI records.
Don Pumphrey and the firm have years of experience representing those arrested for DUI in Florida. They are devoted to protecting the rights of clients, and they will fight to clear your record of blemishes.
Pumphrey Law represents juveniles and adults with DUI arrest records in Tallahassee, Midway, Bristol, Monticello, Quincy and nearby areas. Call Pumphrey Law or send a website message today to discuss your options during a free consultation with our experienced legal team.
Unfortunately, if you have been convicted of DUI in Florida, the conviction record can not be sealed or expunged. This is true regardless of whether you plead guilty or no contest, or if you were convicted at trial.
However, if you were arrested or charged with DUI, but never convicted of that particular offense, you may be able to get records related to your arrest sealed or expunged. For example, if you are arrested for DUI but the charge is later changed to another offense such as reckless driving, you may be eligible to have your record sealed or expunged.
Typically, if you have previously had any criminal record sealed or expunged, you may not apply for another sealing or expunction of a different record. However, if you were mistakenly or wrongfully arrested for DUI, it may still be possible to administratively seal or expunge a mistaken or wrongful arrest for DUI.
To seal or expunge your DUI records, you must first file an application with the Florida Department of Law Enforcement. You will need to include items such as your fingerprints, and you will need to get a certified form of disposition of the case from either the court or the law enforcement agency that arrested you. Part of the application must be completed and signed in the presence of a notary public. If you are seeking an expunction, part of the application must be completed by the State Attorney or Statewide Prosecutor with jurisdiction over your case.
If the Florida Department of Law Enforcement certifies your eligibility, the next step is to file a request with the court where the conviction occurred. From the Clerk of Courts in that jurisdiction, you can obtain forms for a Petition, Affidavit, and Order to have your DUI record sealed or expunged. You will need to get your affidavit notarized before you file it.
The next step is to file these forms, along with your certificate of eligibility, with the Clerk of Courts. You must also serve a copy on the State Attorney’s Office. Generally, the certificate you receive from the Florida Department of Law Enforcement must be filed within six months of issuance.
Typically, this takes about a month to process. The order to seal or expunge your DUI record may be signed by a judge, or you may have a hearing scheduled so you can explain to a judge why your DUI record should be sealed or expunged.
If you are a juvenile or were at the time of arrest, you can alternatively submit certification of completion of a diversion program in Florida. Filing to expunge a juvenile record is most useful if you wish for an early expunction of a record in a situation that did not result in a conviction. Otherwise, the record will be automatically destroyed when you reach age 24 or 26, even if you were convicted.
Sealing of DUI records is covered by Fla. Stat. § 943.059. If your record is sealed, it will generally not appear on background checks for employment, and you will not normally be required to disclose it on job applications. Certain law enforcement agencies and some other types of government agencies might still have access to the record.
Expunction of DUI records is covered by Fla. Stat. § 943.0585. If your record is expunged, it will not appear on background checks. You will generally not be required to disclose the DUI arrest. Even the police or other government agency must obtain a court order to view the record.
If you would like your DUI record to be sealed or expunged in Leon County, contact the Law Offices of Don Pumphrey, Jr. to discuss the facts of your particular circumstance.
You may be eligible to have your record sealed or even expunged completely, and finding an experienced DUI defense lawyer in Tallahassee who is familiar with Florida legal procedure is your best option to successfully navigate the complex process to seal or expunge your DUI record.
The attorneys at Pumphrey Law will aggressively fight for your cause, and may be able to get your DUI record seal or even expunged entirely. Call us at (850) 681-7777 to set up a free consultation today.
This article was last updated on Tuesday, January 29, 2019.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
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