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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19777
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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My daughter daughter hit a mailbox and phone poll and received

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My daughter daughter hit a mailbox and phone poll and received a DUI. She hired an attorney and he had it lowered to a reckless driving charge. This prevented her from getting a job. The attorney suggest they get it changed to public intoxication. This sounds even worse to me. What do you think? And will this ever come off of her record. This happened at age 17. She is now 19.
Hello,

Thank you for the information and your question. I am not sure what your daughter's attorney was thinking and he should sit down and explain that to your daughter. However, I can tell you that both reckless driving and public intoxication are Class B Misdemeanors and carry the same potential punishment. So, again I am not sure why her attorney recommended this unless he thinks that perhaps an employer will not associate "public intoxication" with driving.

In any event, up until April of this year Indiana did not have a law that allowed for expungments of convictions. However, the state legislature has passed an expungement law. The catch is that there is a 5 year waiting period after a person has completed any punishment awarded as a part of their sentence before they can petition the court for that expungement. So, although your daughter will be eligible for an expungement eventually, she must wait or a few years. She will want to speak to a criminal defense attorney about the expungement when she approaches the 5 year point.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 3 years ago.
So, do you think it is best to just leave it alone until 5 years? It seems to me a reckless driving charge sounds better than public intoxication and it seems easier to explain to a future employer.

Thank you.
Well, JustAnswer won't allow me to give legal advice since I cannot form an attorney-client relationship with you or your daughter, so I can't tell you what she should do. That is why I recommended that she sit down with the attorney who made this recommendation and have them explain what their reasons were, since that attorney has all of the facts and an attorney-client relationship. I personally don't see that either one of them sounds better or worse than the other. It really depends of what kind of job she is looking for. If she has to drive for the job, then public intoxication might be better, but I really don't see one as being any better.
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