Expunge Your DUI

Congratulations on taking a big step toward a brighter future! With your record sealed or expunged, more job, educational, housing and loan opportunities are available to you, not to mention relief from knowing you no longer have a criminal past. However, nothing is ever perfect and the sealing or expunging process is no exception. There are still steps you must take to ensure your record is removed from the public eye and things you must know now about complying with Florida law moving forward.

First, make sure your order to seal or expunge contains a list of applicable agencies known to have copies of your record. These agencies typically will be the Florida Department of Law Enforcement (FDLE), State Attorney’s Office, and local arresting agency (e.g., sheriff’s department). Your local Clerk of Court is supposed to send a copy of the order to all known agencies having a record of your arrest, but it always helps to include the agencies in your order to help expedite this process. If your order does not contain a list of applicable agencies, don’t worry! You can send a copy of the order to each agency yourself. In approximately 60 days, you may want to run a FDLE criminal history check to make sure nothing comes up.

Now here come the words of caution… If your arrest was in the media, it’s still in the media (meaning, it is still accessible to the public). More importantly, private background companies keep their own databases. You may have to contact these companies yourself to request removal of your record. A simple internet search will reveal the major companies providing these services.

Once your record has been expunged or sealed, you may lawfully deny or fail to acknowledge sealed/expunged arrests. But, there are exceptions. If you are:

a candidate for employment with a criminal justice agency;
a defendant in a criminal prosecution;
concurrently or subsequently petitioning to seal another matter;
a candidate for admission to the Florida Bar;
seeking to be employed or licensed by, or to contract with, the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or used by such agencies in a sensitive position having direct contact with children, the elderly or the developmentally disabled;
seeking to be employed or licensed by the Department of Education, and district school board, charter school, private school or any local governmental entity that licenses childcare facilities;
attempting to purchase a firearm; or
seeking authorization from a Florida sea port for employment within or access to a seaport

Then you still have to reveal your criminal history. However, in Florida the decision to seal or expunge by a court is discretionary, and it will be helpful to you that a court granted your record sealing or expungement request. For example, although you would have to reveal your prior record if applying to become a member of the Florida Bar, the existence of such record will not automatically disqualify you from membership.

Originally published here.

It is supposed to ensure that your BAC is under .02 before allowing your car to start or continue to run.

Getting a DWI in Arkansas just got a little bit costlier. Prior to July 31st, if you were charged with a first-offense DWI (under a .15 BAC), then you could have a “free” work permit that allowed the accused to travel to and from work without having an ignition interlock device (often referred to as an “interlock”) installed on their car. Under the old law, as long as there was not a Refusal also charged, then the suspension period was 120 days. If you blew over a .15 or were chargedwith a Refusal, then the suspension period was 6 months and you were required to install an interlock to be able to drive.

Beginning July 31st, the work permit no longer exists (except for a first-offense DUI). Also, there is no longer any legal distinction between a BAC lower than .15 and one that was .15 or higher. All first-offense DWI’s and/or Refusals include a 6 month suspension, and you must have an interlock installed to be able to drive during your 6 month suspension period (having an interlock license for 6 months is actually a MANDATORY requirement for you to be able to get your license back).

There IS one silver lining for accused drivers (actually, it’s more of a “gold lining” for interlock retailers). The old law prohibited 2nd and 3rd Offense DWI’s from obtaining any sort of relief (whether a work permit or an interlock license) for the entire 1st year of each’s suspension period. The new law allows 2nd and 3rd Offense DWI’s to obtain an interlock license after only 45 days, as opposed to 1 year. There is no change for 2nd and 3rd Offense Refusals; they are still prohibited from any sort of relief. Unlike first-offense DWI’s, repeat-offense DWI’s do not appear to have a mandatory interlock requirement.

It should be noted that there are many legitimate reasons why a person may not want to have an interlock installed, such as the cost (roughly $150 for installation and $60 per month), the embarrassment, the hassle of having to constantly blow into the interlock while driving, and the real possibility that a mechanical error or false positive could lock you out of your car and leave you or the driver stranded.

So you’re considering driving during your suspension period without having an interlock license? Bad idea. First, if you are caught driving, the crime of Driving on a Suspended License for DWI includes an automatic 10-day jail sentence. Second, as stated above, the interlock is mandatory, and you will not be able to get your license back until, in addition to other requirements, you have had an interlock installed on your car for 6 months. That is, unless you win your case in the meantime. In short, unless you win, there is no way around having an interlock in your car for 6 months if you ever plan on driving legally again.

Luckily, it’s not too late if you want to start up your own interlock retailer to try to recoup some of those interlock fees. There shouldn’t be any lack of business thanks to our local lobbyists and legislators.

BJW

Brad J. Williams is an attorney at the Law Offices of Bennett & Williams in Conway, Arkansas. His firm practices criminal law, specializing in DUI / DWI defense.

Originally published here.

Please visit us at www.RecordGone.com Criminal Defense Attorney Jennifer Strange talks about what to expect after an Expungement of Criminal Records in California. In this video we answer common questions our clients have after successfully expunging their convictions. If you are looking to have your criminal record removed please take our online Free Eligibility Test.