Expunge Your DUI

Now is the time to have your criminal record expunged. While there are many benefits to having a clear criminal history, these are the most cited top ten:

1. To Obtain Employment. With the economy still down and countless individuals looking for work, there are many more job applicants than job opportunities. Since most employers conduct thorough background checks, having a criminal record is one of the quickest ways to land your resume or job application in the trash can.

2. To Obtain A State License. Having a criminal history can prevent you from obtaining a state license, including a nursing license, real estate license, or contractor’s license, to name a few.

3. To Obtain Loans. Many lenders require that you divulge your criminal record as part of their application process and risk assessment. With a criminal history, you can end up with higher interest rates, or even be prevented from getting a loan altogether.

4. To Be Eligible For More Educational Opportunities. Most colleges, graduate schools, and vocational schools require that your reveal your criminal record on your application. Again, in such competitive times, having that mark against you can stop you from getting into the program of your choice. If you have a scholarship when you pick up a record, there is a great possibility you will lose it. If you are already enrolled in a program, you can be kicked out.

5. To Be Eligible For More Housing Opportunities. This works in two ways. First, you may not be eligible for governmental housing assistance with a criminal record. Second, private landlords are not obligated to rent to you if you have a criminal record. There are no statutes preventing discrimination against former “criminals.” Many, if not most, landlords run background checks on prospective tenants and having a record can prevent you from staying where you want or need to live.

6. To Avoid Sentence Enhancement. Although most people don’t like to think about being involved in the court system again, let’s face it, it happens! Having a criminal history will be counted against you during sentencing in any subsequent crimes, and courts tend to go much easier on first time offenders than repeat offenders.

7. To Join A Professional Organization. A number of professional organizations conduct background checks prior to allowing individuals entry into the organization.

8. To Travel To More Places. Did you know that travel to Canada and many other countries is restricted with a criminal record? This is not anything new. Many countries deny entry to people with criminal records regardless of how minor the charges. For example, Canada will not allow people in with DUI or drug possession convictions on their records.

9. To Be A More Attractive Date. Landlords, employers, and financial institutions aren’t the only ones looking online to dig up dirt on people. Many people meeting both online and offline use the internet to investigate potential dates. In my practice I’ve heard plenty of stories of cancelled dates because: “You didn’t tell me you had a criminal record!”

10. To Obtain Personal Redemption/Peace Of Mind. Many individuals feel uncomfortable having their past mistakes hanging over their heads indefinitely, are embarrassed or worry about their past, and are even stigmatized when people find out. This is the reason I hear the most from people as to why they want to expunge their criminal record. Peace of mind is priceless.

Originally published here.

Yesterday I was first up in Ithaca City Court (first come first served), with four DWI cases in various stages of disposition. Judge Rossiter began the morning by announcing to a full Courtroom (240 cases on her docket) about the new New York Drunk Driving legislation that was a coming.

On November 18, 2009, Governor Paterson signed into law, Governor’s Program Bill Number 204, The Child Passenger Protection Act, also known as Leandra’s Law, it passed by the wide margin of 58-0. Although the law was focused on the protection of children (and those with driving children as passengers) it will have far reaching ramifications to all first time DWI offenders. New York State now joins 35 other states that make it a class E felony for first time DWI offenders driving with children as passengers. Just so we are all clear, Class E Felonies in New York State carry State prison terms of 1 to 4 years, and 5 years of probation. Compared to say, New Jersey where your first two DUIs do not even count as misdemeanors and are merely treated as traffic violations. This new law also makes Ignition Interlock Devices Mandatory for first time DWI offenders. This is something the Court must impose for a period of at least 6 months. Illinois just put this into their law in 2009, and many other states are following suit. Specifically under the new law: 1. First time DWI offenders (the DWI VTL 1192 (2) per se violation of a BAC .08 or higher and/or VTL 1192 (3) common law DWI) or Impaired by drugs (DWAI drugs) driving with a child (16 years or under) may be charged with a Class E Felony. In the past, DWIs were only charged as Class E felonies in New York State after a second DWI was committed within a 10 year time period. 2. Mandatory Driver License Suspension (pending prosecution) for people so charged. This is no different than the law in it’s current form. 3. Courts MUST order an ignition interlock device on all those convicted of DWI. There is a minimum 6 month time period for Installation and maintenance of the device on any vehicle owned and operated by those convicted of DWI. 4. The Probation Department within each respective county will monitor, issue regulations, and oversee these Ignition Interlock Devices, and their usage. Reading between the lines that means Probation Supervision is a likely possibility ( 3 years for a misdemeanor DWI, and 5 years for a felony DWI) for those convicted as well. That means no drinking for 3 or 5 years with regular random (unannounced) monitoring of urine, blood, and/or breath.
5. Drivers who cause serious physical injury (the threshold for serious injury is not very high) to children 16 or younger will be charged with a Class C Felony, punishable by up to 15 years in State Prison.
6. Drivers who cause the death of child may be charged with a Class B Felony, punishable by up to 25 years in State Prison.
7. Drivers (who are also parent, guardian, or legally responsible for a child) charged with any DWI or DWAI drugs while “that” child is a passenger will also be reported to the Statewide Central Register of Child Abuse and Maltreatment. Child endangerment charges are another likely scenario as well as being held as an unfit parent or legal guardian. The good news is that this year I have not had any DWI cases where my clients had children 16 years or younger as passengers in their cars. I do not think it is a common situation. Although I did refer a DWI case with a NY driver traveling through another state who did have his children asleep in the back seat of his car. If that same case played out here, with this new legislation in place, it would be a potential nightmare on so many levels. In that situation, the Office of Children and Family Services would be involved, and those parents would be facing criminal court and family court, and an open Pandora’s box of problems. Charges of Child maltreatment, Child neglect, and Child abuse may add to all the other issues facing these first time DWI offenders.

Originally published here.

A DUI charge is a very serious charge that you should not handle alone. An experienced DUI attorney can help protect your rights and guide you through this complicated legal matter.