It is possible to seal or expunge a first-time DUI arrest record if the charge was dropped?

Asked almost 2 years ago - Tampa, FL

I pled "Nolo Contendre", and the charged was dropped after I accepted a "Reckless Driving" charge and conviction in its place.

Additional information

I don't think I worded the previous statement correctly. There was a motion filed by my defender to suppress the DUI charge, but that motion was withdrawn after I was offered a Reckless Driving charge instead of the original DUI charge by the prosecutor. I pled "Nolo Contendre" to the Reckless Driving charge, and was found "Guilty" of Reckless Driving, with the court suspending imposition of sentencing after successfully completion probation.

Attorney answers (4)

  1. 4

    Lawyers agree

    Answered . You can not seal or expunge your reckless driving charge if you were convicted or adjudicated guilty. check your paperwork carefully!

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  2. 3

    Lawyers agree

    Answered . It sounds like although the DUI charges were dropped or reduced, that you pled guilty of the Reckless driving charge. If so, whether your case is eligible to be sealed or not would depend on the exact charge you pled to and the disposition. If you were adjudicated guilty of the reckless driving, then you would NOT be able to seal this case. If you received a "withhold" on the reckless, then you may be eligible to have that case sealed. Consult with a lawyer to evaluate your case and make a determination if your case is eligible to be sealed.

  3. 2

    Lawyers agree

    Answered . Cannot seal/expunge anything that resulted in a "guilty" disposition.

    Note: The information presented at this site should not be construed to be formal legal advice nor the formation... more
  4. 1

    Lawyer agrees

    Answered . Review your disposition paperwork (typically the carbon-copy handed to you after your plea). If you received a Withhold of Adjudication, you may be able to seal and expunge the charge . If however, you received an Adjudication of Guilt, you will not be able to seal and expunge the charge.

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The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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