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

Tampa, FL |

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

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 There was a motion filed by my defender to suppress the DUI charge, but that motion was withdrawn after I was offered a Reckless Driving charge instead of the original DUI charge by the prosecutor.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

Posted

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

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Jonathan Burton Blecher

Jonathan Burton Blecher

Posted

A "finding of guilt" is different than an "adjudication of guilt", as you know. If he got a "withhold of adjudication" he would be eligible for a record sealing.

Posted

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 my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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Posted

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.

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Posted

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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