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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27054
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Ok so, i have an arrest record dui that never ended up

Customer Question

ok so, i have an arrest record for a dui that never ended up even going to court and the dmv part was handled. i work with kids and show fingerprints and even arrest record looks bad. my lawyers been saying its super hard to get it expunged and after ignoring me for months and $2,800 she texts me..filing your motion tomorrow (she was retained in September of last year) but researched that even if the motion is denied i can get it to change to "detention" on my record. what does that mean ? have i been jerked around?
thanks in advance
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Detention would indicate that the police held you for investigation and processing but did not incarcerate you.
It would appear that your lawyer hasn't prioritized your expungement, but you'd need to take that subject up with her to know for sure.
Customer: replied 2 years ago.
What I do not understand is if she sells this as difficult case, "arrest record expungments" are more difficult then past criminal ones, how all the sudden when I call her out for not doing her job is there is other way and how could she have not known of this path? I am just worried I paid alot of money for someone to sit around and feed me lies and not answer calls or texts or emails but if i start barking she could sabotage the whole ordeal.
Expert:  Zoey_ JD replied 2 years ago.
It really all depends on the state.
In mine, if you're not prosecuted and the case is dismissed, the arrest is sealed. I don't know where you are, but, say, in California, getting an arrest sealed can be very difficult and requires proof of actual innocence.
I agree that if she's really got the motion done and ready to be filed tomorrow, today's the wrong day to start barking. I'd see what comes of the motion.

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