My wife has had three DUIs and was kicked out of the military and I need to obtain records proving these things happened. Are such records publicly available? If not, how would I go about obtaining these records?
Family Law Attorney
The DUIs will be public record. I do not know about military dismissal records. Here is the link to the VA court page that has links for General District and Circuit courts in the state. Not all Circuit Courts maintain their records online, but if you know the county, you can also call them to ask for more information. Chances are, these will be in GDC anyway, but if she appealed them, it may be under Circuit. http://www.courts.state.va.us/caseinfo/home.html
If they occurred in other states, some other states have similar records online, or you can call the clerk's office and ask for copies of the records.
Please note that this response is based upon the limited information available in the question. In addition, it is not intended to create an attorney/client relationship and is offered only as general information and not as legal advice.
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Criminal Defense Attorney
Courts (except juvenile and domestic relations) are public forums and the records are public. You can do as Attorney Allen has suggested to find the case online if you know the jurisdiction. As she indicated the DUIs are probably in general district court, traffic division. The third DUI is more than likely a felony charges which may have preliminary hearing data in general district court, but the final disposition would be in circuit court.
The online database is limited in the information provided. If you want a copy of the actual court records, you would need to go to the clerk's office and request a copy of the records. They charge a nominal fee for this and it may take a week or so to get a response.
Responses on AVVO do not establish an attorney-client relationship. All responses to questions should be used for informational purposes only. Always consult personally with an attorney prior to initiating or responding to any legal action.
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You will have to ask her to provide the DD214, it demand it in a subpoena duces tecum.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
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