Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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
Show More
Show Less
Ask Your Own Criminal Law Question
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.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Law91 Your Own Question
Law91
Law91
Law91, Defense Lawyer
Category: Criminal Law
Satisfied Customers: 64
64 Satisfied Customers
Experience: I have practiced criminal law for 21 years.

Law91 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
The state didnot read the inpied contsant form to me on my
the state didnot read the inpied contsant form to me on my arrest for a duw … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,631 satisfied customers
If a person received a pbj marajuana charge in NJ at age 19
If a person received a pbj marajuana charge in NJ at age 19 (never expunged), but then received a dui (in MD) 12 years later, and it is reduced to a pbj or wreckless driving, can one of these charges … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Hi there. My son recently received a reckless driving conviction (nolo contendere) as a pl
Hi there. My son recently received a reckless driving conviction (nolo contendere) as a plea deal on a first time dui charge after the prosecutor considered the defense evidence regarding the breath t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If I was arrested for suspicion of DUI, but the charges were
If I was arrested for suspicion of DUI, but the charges were dropped to Careless and Reckless Driving, will that show up in a background check (the DUI arrest), or will it only show what I was charged… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was arrested(never charged) last year on suspicion of DUI.
I was arrested(never charged) last year on suspicion of DUI. Despite being under .08, I was held because the officers stated that my pupils were consistent with the pupils of a drug user. I was releas… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I found that the DUI status was PEND. Does this mean that
I found that the DUI status was PEND. Does this mean that the case has never been closed or determined. We spoke earlier of grandmother who wanted a 12 year DUI charge expunged.… read more
Law91
Law91
Defense Lawyer
64 satisfied customers
Hey, i hold a CDL license in South Carolina. I recently got
Hey, i hold a CDL license in South Carolina. I recently got a DUI in my personal vehicle. I took the sobreity test, and breathalizer test. The limit is .08 and i had .26. My question is will i still h… read more
LegalEagle1
LegalEagle1
Attorney
Doctoral Degree
751 satisfied customers
Nine years ago, I was arrested for DUI in Georgia. I submitted
Nine years ago, I was arrested for DUI in Georgia. I submitted a plea of Nolo Contendere and the charge was negotiated/reduced to reckless driving and I received a misdemeanor sentence of 12 months pr… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
I was arrested for suspicion of DUI in the state of Georgia
I was arrested for suspicion of DUI in the state of Georgia in March 2008 and as a result was convicted of a reckless driving in September 2008. I would like to know if I can have this reckless drivin… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I went to court for 4th degree DUI today and my urine test
I went to court for 4th degree DUI today and my urine test result was .08. I got it reduced to a careless driving...I read your previous response to another person stating that Minnesota does not allo… read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
California DUI - Will wet reckless be offered as officer said
California DUI - Will wet reckless be offered as officer said? He convinced me not to be arrested, get blood test, was that appropriate? 2am pulled over for not using turn signal at stop sign in resid… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
In 11-2005 in Schereville , Indiana I was arrested for a OWI
In 11-2005 in Schereville , Indiana I was arrested for a OWI and with the help of a lawyer the OWI was reduced to a reckless driving charge on 3-2006. What is the process of getting the charges expung… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,892 satisfied customers
I live in PA and had a DUI 3 yrs ago. In the meantime, it
I live in PA and had a DUI 3 yrs ago. In the meantime, it has been expunged. I am applying for a job at an insurance company, to be a property and casualty licensed agent. They require a background ch… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
If you refuse too provide urine test to the deputy b ut when
If you refuse too provide urine test to the deputy b ut when taken under arrest and you copperate to give the urine test to the med facility inside the jail system do the officer has a right to suspen… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
I am looking to find out what I can do to get a pardon from
I am looking to find out what I can do to get a pardon from the State of North Dakota for driving purposes. Where does a person get started. I am willing to write letters and do whatever it takes to o… read more
hocuspocusme
hocuspocusme
Attorney
Master's Degree
282 satisfied customers
My son was stopped for a traffic violation in Utah and was
My son was stopped for a traffic violation in Utah and was arrested for DUI , mushrooms found in his pocket and drug paraphenelia in his car. We hired an attorney. The police trooper admitted that it … read more
JD
JD
Doctoral Degree
1,328 satisfied customers
misdemeanor DUI. Should I plead not guilty at arraignment.
misdemeanor DUI. Should I plead not guilty at arraignment. Injured myself only and ran over a tree. No breath test was taken. At ER were I had 3 stitches to my lip no blood test was taken. I blacked o… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
My husband was charged with DUI. He was pulled over and ...
My husband was charged with DUI. He was pulled over and because his eyes appeared "bloodshot" according to the police, they had him do a breathilizer, which was negative. When they asked him about bei… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,892 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x