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Expunging DUI record from your background

Jacksonville, FL |

In Florida, if a person is arrested twice(once at age 26 and another at 28) for DUI arrests, spent a night in the cell both times, paid a bail amount, got out, does that stay on his record? No one was injured when he was caught driving both times

When applying for employment, most forms ask have you been convicted of first degree demeanor?

1. Should such a person answer No, since DUI arrests are more than a year old(he is now 30), bail was paid both times, he can still drive(his driving license is valid)?

2. If he has to answer yes, can he get the DUI off his record by doing community service, taking a driving class or any other way?

3. If a background check is done, can employers find out about the two DUI arrests or are they like parking tickets(removed after fine is paid)?

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Attorney answers 8

Best Answer
Posted

I'm sure this has been answered already, but DUIs are misdemeanors and if you plead no contest, guilty or were found guilty after a trial, then you were certainly adjudicated guilty. These can be found by a background check, and can never be expunged or sealed. You should answer honestly if convicted.

The amount of time that has passed and the fact that you paid bond/bail, or that your license is currently valid, has no bearing on the answers above.

The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.

Asker

Posted

Thanks, there was no trial for both DUIs. Arrest, night in cell, paid bail by relative in morning and out of cell. Can the record be now expunged, removed or anything be done so that answer can be NO to question like ever been convicted of first degree demeanor in work application forms?

Stephen Andrew Mosca

Stephen Andrew Mosca

Posted

You are saying that both cases were dropped. If that is so, then it may in fact be possible to apply for expungment, depending on your other history, if any, with the criminal justice system. I suggest you call my office for a free consult and so we can check your local record. Most efficiently, you should contact the clerk of the court in which these arrests occurred and request a certified disposition of the incidents. These certified dispositions will be required anyway to apply to expunge the records. In addition, once the request to expunge is granted, it will be necessary to petition the court to issue an Order to Expunge, and you may find it helpful to have an attorney on your side to guide you through the process and represent your interests in court.

Asker

Posted

Thanks, I don't know if this can be considered dropped or not. First case, it was plea, adjudged guilty, community service and vehicle impoundments, Second time, it was plea, adjudged guilty,10 days in jail(but it was not all at once) 30 days of vehicle impoundments. 1. Does this mean person is charged with first degree of misdemeanor and has to say so in all application forms or can this be considered a minor transgression not needed to be answered as first degree misdemeanor?

Posted

1. There is no time limit on when these will come off his record. This is a criminal charge that can be with him forever.
2. There is only one was to get a DUI off your record and that is by having his record sealed/expunged. You can only get one incident removed from your record and only if you received a withhold of adjudication for the charge.
3. See 1 and 2. These are not civil cases, they are criminal which is completely different.

This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. For a more detailed consultation please visit theticketfighter.com or call 855-7TICKET (784-2548).

Asker

Posted

Thanks, there was no trial for both DUIs. Arrest, night in cell, paid bail by relative in morning and out of cell. Can the record be now expunged, removed or anything be done so that answer can be NO to question like ever been convicted of first degree demeanor in work application forms?

Posted

If the person pled to or was found guilty after a trial to the offense of DUI in Florida they CANNOT expunge or seal that record. The reason being is that pursuant to the DUI statute you must be adjudicated. If you are adjudicated you cannot expunge or seal the offense.

If you find my answer to be helpful or the best answer, please make sure to mark your choice. **COMMUNICATION ON THIS SITE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP.**

Asker

Posted

Thanks, there was no trial. Arrest, night in cell, paid bail by relative in morning and out of cell. Can the record be now expunged, removed or anything be done so that answer can be NO to question like ever been convicted of first degree demeanor?

Michael Charles McGinn

Michael Charles McGinn

Posted

What happened to the DUI charges?

Asker

Posted

First case, it was plea, adjudged guilty, community service and vehicle impoundment, Second time, it was plea, adjudged guilty,10 days in jail(but it was not all at once) 30 days of vehicle impoundment.

Michael Charles McGinn

Michael Charles McGinn

Posted

Then yes you have been convicted of a misdemeanor. You cannot seal or expunge either offense.

Asker

Posted

I found out, the person got advice when pleas were done that, doing a plea, community service, paying fine would clear the record. Can the person contest the charges that based on wrong advice he did a plea? First case was in 2007 and another in 2011. I know it might be little late to contest them. Thanks so much for your time and response.

Michael Charles McGinn

Michael Charles McGinn

Posted

If he was not informed of the consequences of his plea he needs to consult with an experienced criminal defense attorney in his area. That may be a basis to vacate his plea and sentence.

Asker

Posted

Thanks, but can vacating the plea now expunge his record?

Posted

This is a criminal charge forever.

Asker

Posted

Thanks, there was no trial for both DUIs. Arrest, night in cell, paid bail by relative in morning and out of cell. Can the record be now expunged, removed or anything be done so that answer can be NO to question like ever been convicted of first degree demeanor in work application forms?

Posted

I am sorry to be the bearer of bad news but your DUIs will be staying on your record. To answer your other questions:

1. A person would have to answer yes as a DUI is a misdemeanor charge and you were arrested for it twice.
2. A DUI cannot be taken off your record if you were ajudicated guilty. Furthermore, you had two seperate DUIs so even if expunging one was possible you would be unable to seal/expunge both.
3. A background check will most likely reveal the DUIs. They are crimes and not treated like a traffic ticket.

Asker

Posted

Thanks, there was no trial. Arrest, night in cell, paid bail by relative in morning and out of cell. Can the record be now expunged, removed or anything be done so that answer can be NO to question like ever been convicted of first degree demeanor in work application forms?

Nick Jay Dorsten

Nick Jay Dorsten

Posted

Please see theses answers. I am sorry but no they cannot be sealed/expunged. Also you should answer truthfully on your applications. In this case, yes you have been convicted.

Asker

Posted

Thanks, I thought people get a DUI attorney to get them removed from their record or they expire after a while.

Posted

Once you've entered a plea/ found guilty of a DUI, you are stuck with that on both your criminal and your driving record permanently. You can't go back, do community service, or let it simply "drop off" your driving record.

If you were not advised of the penalties by an attorney, it may be possible to vacate or withdraw your plea, but that would require extenuating circumstances or would have to happen within 30 days from the date of sentencing.

Since it is an automatic conviction, you cannot seal or expunge the DUIs from your criminal record. Someone performing a background check will see them on your criminal history because they are criminal traffic citations, not just a simple speeding ticket. Failure to tell a potential employer can have negative impacts on your hiring if they ask questions about whether you've been arrested or convicted of an offense.

For more information or to contact this attorney, visit http://www.thecolbertlawfirm.com or call 407-412-7234. This information is for general purpose only and does not constitute legal advice or create an attorney- client relationship.

Asker

Posted

Thanks, there was no trial for both DUIs. Arrest, night in cell, paid bail by relative in morning and out of cell. Can the record be now expunged, removed or anything be done so that answer can be NO to question like ever been convicted of first degree demeanor in work application forms?

Tiffany Vanessa Colbert

Tiffany Vanessa Colbert

Posted

Did the cases get dropped?

Asker

Posted

Thanks, I don't know if this can be considered dropped or not. First case, it was plea, adjudged guilty, community service and vehicle impoundments, Second time, it was plea, adjudged guilty,10 days in jail(but it was not all at once) 30 days of vehicle impoundments. 1. Does this mean person is charged with first degree of misdemeanor and has to say so in all application forms or can this be considered a minor transgression not needed to be answered as first degree misdemeanor?

Tiffany Vanessa Colbert

Tiffany Vanessa Colbert

Posted

Both were pleas and convictions. So the answer would be yes, it would need to be disclosed.

Asker

Posted

Thanks, I found out, the person got advice when pleas were done that, doing a plea, community service, paying fine would clear the record. Can the person contest the charges that based on wrong advice he did a plea? First case was in 2007 and another in 2011. I know it might be little late to contest them. Anyhow, thanks so much for your time and response.

Posted

There is no legal vehicle to expunge the charge in Florida.

Asker

Posted

Thanks, there was no trial for both DUIs. Arrest, night in cell, paid bail by relative in morning and out of cell. Can the record be now expunged, removed or anything be done so that answer can be NO to question like ever been convicted of first degree demeanor in work application forms?

Posted

If your son or this person was convicted of the DUI's than he must answer yes with regard to the question of he was was ever convicted of a misdemeanor.

Under Florida law, he is ineligible to have anything sealed or expunged once a person has been convicted of a crime.

Yes, most background checks should pull this information up.

Visit MastroLaw.com to ask your legal question or call for a more detailed free consultation for your legal issue. Call us at 727-202-5122 / 352-587-5011 / 813-252-2262 Any information provided is for general purposes only. An attorney client relationship is not formed.

Asker

Posted

Thanks, I don't know if this can be considered dropped or not. First case, it was plea, adjudged guilty, community service and vehicle impoundments, Second time, it was plea, adjudged guilty,10 days in jail(but it was not all at once) 30 days of vehicle impoundments. 1. Does this mean person is charged with first degree of misdemeanor and has to say so in all application forms or can this be considered a minor transgression not needed to be answered as first degree misdemeanor?

Michael Leonard Mastrogiovanni

Michael Leonard Mastrogiovanni

Posted

He should answer yes to the question of being convicted of a first degree misdemeanor.

Asker

Posted

Thanks

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