Skip to main content

K i am trying to get my respiratory state license but have a pending dui charge?

Lawrenceville, GA |

how should i approach the meddical board or just wait for the expungment

Attorney Answers 4

  1. If you have a pending DUI (one that has not been dismissed or in which a sentence has not been entered), you cannot have it expunged. To get an expungement in Georgia, you first have to get the charges dismissed. If you are convicted, you cannot get the charges expunged. Moreover, unless you enter a pretrial diversion program with the express agreement that expungement is authorized upon completion, you will not get the charges expunged from your record. If this charge is still pending, you need an attorney to assist you. If I can be of assistance, call me.

    Allen R. (Rusty) Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

  2. Read you application for that license very carefully. In all likelihood, the licensing agency wants you to disclose something like this, but they may issue your license anyway. They are looking for candor, honesty. It may be months before your case is resolved, and only if it's dismissed without a formal charge can you have the arrest expunged. You need to hire an attorney.

    I am an attorney. I am not your attorney unless you have signed a written contract with me and given me money. This is information for educational purposes only, and no attorney-client privilege exists.

  3. Expungement will only happen if you get the charge dismissed. Right now, you don't have a conviction, only a charge. You need to find out how a conviction would affect your license both during the application process and after the license is issued. Hiring a lawyer will help your chances of getting the charge reduced, and avoiding the problem altogether. However, if you are applying for the license and are asked about arrests, you need to disclose it. If they ask for convictions, and the case is still pending, you don't. I don't know if a DUI charge would be a basis for revocation or suspension of your state license, so you need to find that out as well. Many times, prosecutors are more willing to reduce charges if they know that a conviction for DUI will have such serious consequences.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

  4. First - you should determine if the Medical Board has any requirements for you to report the DUI charge. If they only require disclosure of "convictions" and you haven't been convicted yet - then no disclosure is necessary.
    Second - if you are convicted of the DUI you CANNOT have the conviction Expunged. Under GA law the conviction will remain on your Criminal Record for the REST OF YOUR LIFE!!! My advise to you is - retain the best DUI Defense Attorney that is available to you ASAP!!!! Your best defense is to use every option that is available to you in your legal defense. If you try to represent yourself, you are virtually guaranteeing that you will be convicted. I hope you take my advise and retain an experienced DUI Defense Attrorney to represent you. Good Luck!!! George McCranie IV

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics