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If a person is arrested on suspicion of a DUI (on an evening…

Customer Question
If a person is arrested...
If a person is arrested on suspicion of a DUI (on an evening 12 years ago) but the judge determines that it was reckless driving and there was no bloodwork of urine test ever done to contradict this, can this charge be completely expunged (removed) from the person's records once and for all. (Note: The individual has no other charges of any kind ever.....and does not want this to ever effect her). If this can be done, please advise how.
Submitted: 5 years ago.Category: Criminal Law
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Answered in 1 minute by:
11/8/2012
Criminal Lawyer: Law91, Defense Lawyer replied 5 years ago
Law91
Law91, Defense Lawyer
Category: Criminal Law
Satisfied Customers: 64
Experience: I have practiced criminal law for 21 years.
Verified

Law91 :

Good afternoon. I am a licensed professional, and I will help with your question.

Law91 :

Was the person convicted of reckless driving?

Law91 :

Please allow me a few minutes to do some research. I will be right back.

Customer :

I believe so.

Law91 :

Let me ask, has this charge hurt the person recently, like in a job application or otherwise?

Customer :

No.

Law91 :

While I am searching the statutes, let me mention that you can normally only get one charge expunged from your record during your liftetime. Do you think this 12 year old charge should be the "one bite at the apple" for this person? That is an important consideration.

Law91 :

The applicable statute is Fla. Stat. Ch. 943.0585, and it does allow for only one (1) expungement in your lifetime. If this charge is 12 years old, the insurance consequences are over, and being only a traffic offense, it is probably wisest to leave it there. This person could have the dui portion of the record expunged, but that would also probably not worth the consequences at this time. I hope this information is helpful. Please rate my service today, and thanks for using JA!

Law91 :

Please send any follow up question you may have. I am here to help.

Customer :

I am aware of the "one time ever". This person wants to be able to volunteer at her grandchildren's elementary school to assist with reading. The school checks offenses before approving. She is concerned that this would surface and make it impossible to help.....and this would also be a huge embarrassment.

Customer :

What do you mean by "it would not be worth the consequences." What are the consequences of having the dui portion removed?

Law91 :

I see. She probably will never be charged with anything again. The portion of the statute to investigate is:

Law91 :

1. That an indictment, information, or other charging document was not filed or issued in the case.

2. That an indictment, information, or other charging document, if filed or issued in the case, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction, and that none of the charges related to the arrest or alleged criminal activity to which the petition to expunge pertains resulted in a trial, without regard to whether the outcome of the trial was other than an adjudication of guilt.

Law91 :

So if she can investigate whether there: 1) was a trial, and 2) whether she was actually convicted of reckless driving, or received some sort of diversion not resulting in a conviction.

Law91 :

I believe she can resolve her worries by going to the courthouse in your jurisdiction, or ordering from the State of Florida, her driving history and her criminal record. She will then know what may show up if investigated. However, being a grandmother and asking to volunteer, I do not believe she should worry at all.

Customer :

Can she find out online if she was convicted of reckless driving?

Customer :

If so, how?

Law91 :

Probably. There are many online services that will search your record for a fee.

Customer :

Can you name any?

Law91 :

I will check now for you.

Law91 :

Here are two resources I found:

Law91 :
  1. Florida criminal record check - 1) Enter Name - Search Free

    unitedstatesbackgroundchecks.com/FL
    2) Get A Full Arrest Record Now.
  2. National Background Check

    www.sentrylink.com/
    Instant criminal records $20. FCRA
Law91 :

Please try these and let me know if I can help further.

Customer :

Is it possible to get back to you and continue this chat once that I have checked?

Customer :

Are there any negatives to using these services?....other than the cost? Are they reputable?

Law91 :

No negatives. Many individuals and companies use them. They are generally reputable, and can at least give you information to follow.

Customer :

Is it possible to get back to you and continue this chat once that I have checked?

Customer :

Does using the service bring that person's record to the forefront as opposed to its status if she had not inquired or had it expunged?

Law91 :

No problem at all, and it does nothing but check the computer. It will bring no attention to the record.

Customer :

...when using the service I mean the background check service....not JustAnswer.

Customer :

How can I get back to you personally?

Law91 :

We just won't close the chat, I guess. You can also go to my profile and request me. Right, the background check doesn't even show it was checked, like it does when someone checks your credit there is a record of the inquiry.

Law91 :

Please give me a positive rating, if you will, so that I will get credit for our conversation. I will wait for any question you may have.Thank you for using JA!

Customer :

Terrific and clear answer. Good analogy. Would you advise that I close this chat...........or just leave it open until I have checked the background link.

Law91 :

I'm not sure. Don't close it, and we will wait and see. Always go to my profile if you wish.

Customer :

I will leave it open and get back.

Law91 :

Ok.

Law91 :

Hello Customer,

Law91 :

Your communications with me show up as 2 questions on JA, and I do not think it was your intent to do that. We need to get customer service to show that it was only one question, and not charge you twice, unless you intended to do so. Let me know.

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Law91
Law91
Law91, Defense Lawyer
Category: Criminal Law
Satisfied Customers: 64
64 Satisfied Customers
Experience: I have practiced criminal law for 21 years.

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