DUI expungement & sealing
After you’ve been arrested for, charged with or convicted of driving under the influence (DUI), you will have a black mark on your criminal record that may be permanent. There may be a way for you to erase your DUI but you will need Brevard DUI Lawyer, John C. Murphy.
If you have ever been adjudicated guilty (or adjudged delinquent as a juvenile) of any misdemeanor or felony, then you will not be eligible to seal or expunge your DUI. This includes a previous conviction for DUI, Reckless Driving or even a Driving While License Suspended (DWLS).
The bad news is a DUI conviction cannot be sealed or expunged, even a first offense. The good news is if you were arrested under charges of DUI, plead guilty or no contest to the charges, or were found guilty after a trial and adjudication was withheld, you may be eligible to apply for sealing. (Florida does not allow a withhold of adjudication for DUIs, so this would likely only apply to out of state DUIs.) The better news is if your DUI charges were either dismissed by the Judge or dropped by the State or a not-guilty verdict at trial, you can apply for expungement.
When you are charged with a DUI,
you want an AGGRESSIVE DUI attorney
that will fight for dismissal or a reduced charge!!
In order to Seal or Expunge your criminal record, the case that you seek to seal or expunge must be closed. This would include the completion of all court supervision including any probation.
Sealing vs. Expungement in Florida
Record sealing and expungement are two different things.
By getting your record sealed, the public will not have access to this record. Also, if someone asked if you have been arrested, you can answer “NO”. Some government agencies or agencies related to the government will have access to a criminal history record that has been sealed.
When a criminal history record has been expunged, those agencies with access to the expunged record need to obtain a signed court order to gain access to the record. Without a signed order they will only see a statement describing that a criminal history record has been expunged.
Contact Murphy's Law Offices Today
I understand the requirements for DUI sealing and expungement. If you think you are eligible to have an DUI sealed or expunged, speak with Brevard DUI attorney, John C. Murphy, today! I can guide you through the sealing or expungement process, so call me right away to get started.
When you are charged with a crime, you want an AGGRESSIVE criminal defense attorney that will fight for your rights.
In Florida, it is not against the law to drink and then drive. It is only a violation of Florida law to drink to the point of impairment of normal faculties and then drive.
After you are arrested for a Florida DUI and you blew over .08 or refused the breath test, likely the Brevard Law Enforcement Officer seized your Florida Driver’s License and the bad news is your driving privilege has been suspended.
The Florida Standard Jury Instructions defines “actual physical control” in DUI cases to mean a person was “physically in or on the vehicle and had the capability to operate the vehicle, regardless of whether he or she is actually operating the vehicle at the time”.