Expunge DUI Records

Expunge Your Criminal Records in Oregon – Expungement in Oregon

Expunge DUI Records — Thu, 12 Jan 2012 00:30:59 +0000

For more information please visit www.RecordGone.com Expungement Attorney Mathew Higbee talks about the benefits of expungement.This video will briefly go over Expungement and Record and Sealing in the state of Oregon and provide viewers information on how to have their criminal record removed in a fast and safe manner.

22 Can a DUI conviction be expunged from my record.flv

Expunge DUI Records — Mon, 28 Nov 2011 00:25:59 +0000

State College Pennsylvania DUI Defense Attorney

Expunge DUI Records — Thu, 13 Oct 2011 23:20:59 +0000

Roy K. Lisko is a State College criminal defense and DUI defense lawyer practicing law in Centre County. He has handles all types of DUI cases and always works to get the best possible outcome for every client. Always a free consultation offered. Office is located very close to the Penn State Campus. Helps clients with first time arrests expunge their record if the BAC is below a mandatory sentence level. Attorney Lisko worked as a State College Police Officer and a Centre County District Attorney before opening his own practice to defend those accused with crimes and help those injured in accidents. It is important in criminal matters to deal with a local lawyer who knows the local court system as well as the judicial system on campus. He also defends those charged with providing alcohol to minors, underage drinking, reckless driving, theft, battery, and many other crimes related to the consumption of drugs or alcohol. Attorney Lisko has dedicated his career to serving those in Central Pennsylvania.

A good MN DWI Lawyer can act as your guide through the complex area of DWI law

Expunge DUI Records — Wed, 12 Oct 2011 07:21:59 +0000

The penalties for DWI in all states are high and justifiably so when you consider that every 31 minutes somebody dies because of a crash involving a drunk driver. Now that is not something you want to think about but it is perturbing nonetheless. An experienced MN DWI Lawyer can probably produce hundreds of statistical facts to back up why the penalties are so high. Any MN DWI Lawyer that knowledgeable will also know the best way to attack your defense. A specialist in dealing with DWI cases will be your best bet for a favorable outcome.

If you are searching for information about DWI and haven’t been charged with such an offence then it’s worth taking a not of some things that a MN DWI Lawyer would give you regarding a stop and pull over by a Police Officer. Primarily stay calm, easier said than done I know but this really can help you. A nervous person will look guilty even if they have done nothing wrong. If you are pulled over invoke your Miranda rights, then talk to a MN DWI Lawyer before speaking to an officer during any questioning. If requested always consent to a chemical blood or breathe test.

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It may seem like common sense but always have your driver information handy. That includes registration, license and insurance details. If you know where they are in the car when you are pulled over, you are less likely to look impaired in any way. A MN DWI Lawyer would probably advise you write down the events and details of your arrest whilst they are still fresh in your mind. That way you are giving your MN DWI Lawyer absolutely crucial information to begin your defense. Anything you can do to help your defense is necessary as it can really make the difference between dismissal of the case or the charge being upheld.

As soon as you can hire a MN DWI Lawyer and that way they can start working on your behalf immediately after you retain their services. This means that your MN DWI Lawyer can schedule a hearing as early as possible. Your Lawyer will want to meet with you at the earliest opportunity to go through the facts of your pull over and arrest. It may be that the officer’s action at the time of the field sobriety test weren’t valid or legal; your Lawyer will evaluate all of the facts and ascertain the best way forward with your defense.

Being aware of these matters in the event you are charged with a DWI can make a huge difference. You will look less guilty, less impaired and if you know what you are doing and appear compos mentis then the officer is less likely to request you give a blood or breath sample. MN DWI Lawyer can help in the event you are charged but your own behaviour during your dealings with the officers can also make a huge difference to your case. Be prepared and have the number of a good MN DWI Lawyer to hand next to all of your driving documentation, it could prove to be invaluable.

Brown Law Offices is a Minnesota Criminal Defense Law Firm of experienced lawyers and attorneys. Our MN DWI Lawyer represents clients throughout Minneapolis and the Twin Cities area. Call or contact us for advice and guidance in cases of Arson, Assault, Burglary, and any other Criminal case – - http://www.browncriminallaw.com/

Originally published here.

Sunil Punjabi

Employment After DUI – How DUI Affects Your Employment

Expunge DUI Records — Fri, 30 Sep 2011 07:20:59 +0000

A DUI is serious enough to affect you in the long run. The chief difficulty that comes along with DUI is implication on your employment. It can affect both your current and future job. This article outlines how DUI affects your employment.

DUI’s effect on your employment:

There are two things that can affect your current job as well as your future job opportunities: Suspended drivers license and a DUI criminal record.

Suspended drivers license:

After getting a DUI you will immediately incur a license suspension. Due to this, you may face difficulty to drive to work as well as in a job that requires you to drive.

After license suspension, you may find hard to get to work. You may have to depend on your friends, family members or someone else for a ride. But this can be a burden for them. So you may need to depend on public transportation like bus, train, or taxi. Riding a bike or bicycle to work would be impossible if your work place is located far away. You may have this problem everyday on deciding how to get to work.

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Or if you are in a job that requires you to drive, you have no other options than to disclose it to your employer. And as a result you may lose your current job. You may also have a hard time finding a new job.

DUI criminal record:

If you are convicted of a DUI, you almost may not have a chance to get a new job. All potential employers perform criminal background checks before they make hiring decision. Your criminal record reveals everything from your arrest or conviction, misdemeanor or felony offense. So no matter how well qualified and efficient you may be at your field, you would still struggle to get a new job. As a result you may incur loss of income. If you are already employed at the time of getting convicted of DUI, you may lose your job.

Expunge your DUI record “completely” with the help of DUI Process Manual. It offers little-known strategies to clear your DUI record completely and pass employment background checks in a step-by-step approach. Visit my site for free DUI strategies report and DUI Process Manual review to clear DUI record.

Originally published here.

Jennifer Mann

Expungements Explained

Expunge DUI Records — Mon, 29 Aug 2011 23:15:59 +0000

Our Los Angeles criminal defense lawyers have a combined experience of more than 50 years defending persons expunging the criminal records of our clients. Our founding partners are former Los Angeles prosecutors. Robert Ernenwein, one of our co-founders, is a board certified criminal law specialist. He has been consulted by media outlets to render his opinion on high-profile criminal cases. These credentials are unmatched by the vast majority of other criminal defense law firms. Call us at 1-877-338-4489 for help in your case.

A good MN DWI Lawyer can act as your guide through the complex area of DWI law

Expunge DUI Records — Sun, 28 Aug 2011 07:16:59 +0000

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Originally published here.

Sunil Punjabi

Expunge Your Criminal History In California

Expunge DUI Records — Tue, 16 Aug 2011 07:15:59 +0000

California expungement laws can, at times, be confusing and convoluted. California PC 1203.4 furnishes the most frequently seen criminal expungement relief for Californiaresidents. Because of this section of the penal code, any person given relief is absolved from penalties ensuing out of conviction in any case by which the man or woman has successfully completed their probationary term. The petitioner may, for some purposes, treat the case as well as future transactions pertaining to the earlier conviction ,which is now dismissed, as if they didn’t manifested.

Actually, what precisely happens as soon as an person expunges his record is his conviction or plea of guilt is set aside by a Californiajudge, a plea of not-guilty is recorded in its place, and the conviction is entered into the official record as dismissed. The law allows for misdemeanor and/or felony convictions to be officially expunged in the instance that the offender was only granted a sentence of probation, formal or informal, and not state imprisonment. It’s always also essential that you have satisfied all the requirements of your sentence, including paying all fees.

Notwithstanding what 1203.4 provides, an individual that properly files a motion for an expungement order may perhaps be unpleasantly surprised to find how little relief they are actually given. That’s because California criminal expungement law is generally more known often for the relief it doesn’t furnish than for the relief it can deliver. First, the record of an expunged conviction continues to be offered to law enforcement officials and the general public. The expunged conviction persists to made visible in both the state of California and FBI official criminal records. Furthermore, if found guilty of a future criminal activity, the expunged conviction can be utilized to amplify any imposed criminal sentence. PC Section 1203.4 moreover especially states that DUI convictions will be used to increase future driving under the influence convictions. Having said that, you can find a variety of positive aspects that criminal record expungement does provide as well, the least of which can be the feeling of serenity you get in formally putting a past failing behind you permanently. You can tell family, friends and potential employers that you have never been convicted of crime. The reality is on nearly all background record checks performed by private firms, your case will no longer display because so many private company criminal record searches are geared towards merely displaying criminal convictions, not convictions that have been dismissed.

Originally published here.

Steven Hoffnon

Bay Area Criminal Defense Lawyers – Oakland DUI – Law Offices of Alexander Cross

Expunge DUI Records — Fri, 15 Jul 2011 23:10:59 +0000

Alameda County Criminal Defense Lawyer www.lawyercross.com Being accused of a crime, even a minor one, can be a frightening and intimidating experience. Whether you have been charged with a traffic violation or a white collar criminal offense, attorney Alexander Cross has the dedication and skills to help. Practice Areas include: DUI, petty theft, traffic tickets, driving without a license, domestic Violence, assault and battery, drug offenses, probation violation, white collar crimes, record expungement & clearance and alternatives to jail.

North Carolina DWI Laws Explained

Expunge DUI Records — Thu, 14 Jul 2011 07:11:59 +0000

1. My license was seized by the officer, or revoked. How can I get my driving privileges?

In most cases, your license is revoked for a thirty (30) day period following a DWI in Raleigh, Cary, Apex, or other parts of Wake County or North Carolina.. In many cases, you can have a restoration of “limited driving privileges” after just ten (10) days. You will need to undergo an “alcohol assessment,” provide proof of current insurance, provide your seven (7) year driving history. A lawyer can complete the petition filed on your behalf to ask the court for these privileges.

Normally the court will grant you driving privileges from 6 a.m. until 8 p.m. If you go to work earlier or later than those times, the court will usually extend those hours if you provide the court with a letter from your employer.

2. My license was revoked by the officer. When will my driving license be restored?

If you apply for “limited driving privileges,” your license will be restored as soon as ten (10) days after your DWI stop.

If you decide not to apply for “limited driving privileges,” in most cases you will get your license back thirty (30) days after the DWI stop. You will need to pay $100 fee to the DMV for this restoration.

3. How long will my case take to resolve?

It depends. If you’re stopped today, you’ll probably be given a court date about two months from now. You could resolve the case that day. That would require you to plead guilty.

Obviously I never advise clients to plead guilty on the first court appearance. Even though you’re probably very anxious to get this behind you, the faster you plea, the worse the consequences. The reason is that most District Attorneys offer their worst “deals” at the first court appearance. They figure you’re anxious to get it behind you, and anxious to do anything they ask.

In reality, a DWI case can take anywhere from six (6) to nine (9) months. The reason is that Wake County has an enormous number of cases, not just DWI cases, and the courts are slow to process them all. I’ve had clients who have waited two (2) years for a resolution to their case. Your case probably won’t last that long.

But the good news is that your chances for a favorable resolution improve as time goes on. Over time, District Attorneys get more anxious to “get rid” of old cases. In addition, if the police conducted a “blood test” on you at the time of your arrest, the results of that blood test are not available for at least six (6) months. A blood test is a much more accurate reading of your alcohol level on at the time of the arrest. Frequently, a blood test will show that the breathalyzer was wrong, and will improve your chances for a not-guilty verdict or a dismissal of the charges.

Finally, I advise all clients that they should expect a trial. It’s your right to have a trial. A trial is sometimes your best chance for a successful resolution of your case. A trial won’t be scheduled for six (6) to nine (9) months. So hold tight and relax.

The good news is that after the initial suspension of your license, you really have nothing to do until the resolution of the case. At most, you may need to make a few short court appearances until either a trial, dismissal, or plea arrangement is reached. You will probably want to complete any alcohol education classes that have been recommended. But otherwise, you can live your life.

4. What is an “alcohol assessment” and why should I get one?

An alcohol assessment is an hour-long evaluation provided by a private agency approved by the state of North Carolina. They’ll ask you questions about how frequently you drink, how much you drink, and other behavioral issues.

Ultimately the agency will make a recommendation to you about further treatment, if any, you should undergo. In nearly all cases, the agency will at least recommend a 20-hour class. In some cases, the agency will recommend more intensive treatment.

If you want to restore your limited driving privileges during the thirty (30) day initial suspension, you must provide an alcohol assessment to the court. Therefore, the sooner you get your alcohol assessment, the sooner you or your lawyer can petition for limited driving privileges.

In addition, an alcohol assessment is also valuable if you later plead guilty or are convicted of a DWI.

5. My alcohol assessment recommends that I take additional classes. Should I do that?

If you wish to restore your limited driving privileges, the petition you sign states that you will take such classes. So the answer is generally “yes.”

In addition, if you end up pleading guilty or being found guilty by a judge or a jury, the fact that you have completed any recommended alcohol treatment programs will make a difference to the judge who must sentence you following conviction.

Therefore, if you can afford to take those classes, you should do so. The 20-hour class that is most often recommended costs between $400 and $500, and involves classes on the weekends or in the evenings. You can work those classes into your schedule.

6. When I was stopped, I blew below a .08 on the breathalyzer machine. Will I still face charges, and can I be convicted of a DWI even though I blew below a .08?

Yes. I’ve seen many cases that involve a breathalyzer result of .07 or below. In fact, there are occasionally cases where the person blew a .00. Why?

First, the Wake County District Attorney is very slow to dismiss any DWI charges initiated by the police. As a result, even where there is a weak case, the District Attorney will still move forward with prosecution, hoping that the person will plead guilty.

These cases are frustrating, but if you blow below a .08, you have a reasonable — possibly even an excellent chance — of being found not-guilty by a jury. The reason is that many jurors view a result of .07 or less as an indication that you were not drunk.

Second, in some cases where other substances — marijuana or other drugs or prescribed medicine — are suspected, the DA will argue that a .07 or below merely shows that the person wasn’t drunk on alcohol. The DA will argue that the person could’ve been high on pot or some other drug or medicine.

Third, the DA will sometimes argue that the Blood Alcohol Concentration (BAC) level of .07 was lower because you were tested a half hour after the stop. The DA will argue that the BAC was probably above a .08 at the time of the stop.

Finally, North Carolina law specifically allows the DA to prove you were impaired in one of two ways. Either the DA can prove you had a BAC of .08 or higher. Or the DA can prove that you were “appreciably impaired” at the time you were driving. Proof of appreciable impairment could include any observations made by police or witnesses: for instance, maybe the car swerved a lot, maybe you slurred your words while talking at the stop, maybe he smelled alcohol, or maybe you made statements that indicated you were appreciably impaired.

In reality, if you did blow below a .08, your case is much stronger, in large part because many juries will not convict if they believe your BAC did not exceed the legal limit.

7. What if I blew above a .08? Am I automatically going to be convicted?

Not necessarily. Obviously, the higher you blow, the tougher your case may be to get an outright dismissal or not-guilty verdict. But these are cases that really demand a good DWI attorney.

First, there are arguments for your lawyer to make about the circumstances leading up to your arrest.

In the United States, police are not allowed to — or should not be allowed to — stop people at random and arrest them for DWIs. If the police did not have some suspicion that allowed them to stop your car, the entire stop may have been unconstitutional, and the whole case could be thrown out.

Second, there may be reasons to suspect that the breathalyzer exam was conducted improperly, or by an officer who had not taken up-to-date certification classes. In these cases, the results of the exam may be inadmissible, and therefore the defendant will likely be found not-guilty.

Third, there may be reasons to believe that the breathalyzer exam read a higher-than-proper result. For instance, certain medical conditions, including certain diets like the Adkins Diet, can induce conditions in the body that generate chemicals that produce abnormally high breathalyzer results. For these reasons, your DWI lawyer should ask for a brief medical history so that he can assess whether any of these conditions affected your results.

Fourth, you may have consumed your last drink immediately before getting into the car. If that was the case, the breathalyzer exam, conducted thirty (30) minutes after your stop may give a higher reading than you had at the time of your stop.

There are other reasons to explain a high BAC reading, and other ways to challenge a breathalyzer that was improperly given or given without you being informed of your rights.

8. I’ve heard that breathalyzer machines are bogus and not reliable. Is there any way to challenge their reliability?

It’s true. Breathalyzer machines are, pardon my words, crap. The problem is that North Carolina is one of the few states that prohibits defense attorneys from challenging the scientific reliability of breathalyzer machines. Until the state’s Supreme Court changes its mind, there’s little chance that any court will accept a scientific challenge to the machine.

On a positive note, many courts around the country are beginning to realize just who faulty and unreliable these breathalyzer machines. The bad news is that change will probably be slow in coming to North Carolina, and too late to help in your case.

9. I was charged with additional crimes at the time of my arrest? How will these affect my DWI case?

I’ve had clients who have been arrested on a DWI, and have been found in possession of marijuana. And other clients who have been charged with traffic violations. And still other clients who have faced charges like “open container” violations.

The good news is that, if you ever decide to plead guilty to the DWI charge, most Wake County District Attorneys will dismiss those other charges as part of the plea deal.

The bad news is that a DWI charge is more serious than a simple drug possession charge, or an “open container” charge. And so while you should be concerned about other criminal charges or infractions, you shouldn’t let those charges cloud your thinking about the DWI.

I always focus on the DWI — assuming there aren’t other very serious crimes charged — with the idea that if we tackle that charge, other charges can be handled at the same time. (If there are more serious charges involved — like felony possession of a drug with intent to sell, gun charges, and so forth — I am ready to handle those as well.)

In short, the DWI charge is the charge that will affect your ability to drive, and will cost you the most in terms of fines and insurance rate increases. If you hire me as your attorney, we’ll focus on that charge, keeping in mind the other charges that also need to be addressed.

10. What are the consequences of a DWI conviction?

If you’ve been charged with Driving While Impaired (N.C.G.S 20-138.1) and you are convicted by a judge or a jury or plead guilty to those charges, you are eligible for one (1) of five (5) levels of punishment.

Level 5 is the most lenient level. If the “mitigating” (positive) factors substantially outweigh the “aggravating” (negative) factors in your case, you will be sentenced to a Level 5 punishment, which involves at least 24 hours of community service (or 24 hours in jail), fines of up to $200, costs, and a one-year suspension of your driver’s license. Jail is very rarely imposed, so don’t worry about serving jail time.

Level 4 will be imposed if the “mitigating” (positive) factors balance out the “aggravating” (negative) factors in your case. You will be sentenced to at least 48 hours of community service (or jail time) to be completed within 60 days of conviction, a fine of up to $500, costs, and suspension of your license for a year. Again, jail time is rarely imposed.

Level 3 will be imposed if the “aggravating” (negative) factors substantially outweigh the “mitigating” (positive) factors in your case. You will be eligible for 72 hours of community service (or jail time) to be completed within 90 days of conviction, a fine of up to $1,000, and suspension of your license for a year. Again, jail time is rarely imposed.

Level 2 will be imposed if there is one grossly aggravating factor in your case. In this case, you will serve at least 7 days of jail time, and as much as 12 months. These are fairly severe cases. In addition, fines of up to $2,000 will be imposed, in addition to costs.

Level 1 will be imposed if there are two or more grossly aggravating factors in your case. In this case, you will serve at least 30 days in jail, and possibly up to 24 months, in addition to up to $4,000 in fines, plus costs. With the possible exception of Misdemeanor Sexual Battery, this is the most severe misdemeanor on the books in North Carolina.

11. What are aggravating and mitigating factors?

Think of mitigating factors as little “gold stars” and aggravating factors as little “sad faces.” You want to have more “gold stars” than “sad faces” if you are ever convicted or plead guilty to a DWI. That’s because the judge will sentence you according to one of the five (5) levels described above. Being a “Level 5? DWI defendant is much better than being a “Level 3? DWI defendant.

Aggravating factors include: 1) gross impairment (0.16 or more), 2) especially reckless or dangerous driving, 3) negligent driving leading to a reportable accident, 4) two or more prior convictions for 3-point driving offenses within the preceding 5 years before the offense, 5) conviction of a prior DWI more than 7 years before the instant offense, 6) conviction of speeding to elude apprehension, 7) conviction of speeding at least 30 miles over the legal limit, passing a stopped school bus, or 9) any other factor that aggravates the seriousness of the offense.

Mitigating factors include: 1) slight impairment (0.09 or less), 2) safe and lawful driving at the time of the offense, 3) statutory safe driving record (no driving offenses for which at least 4 points are assigned within 5 years of date of offense), 4) impairment by lawfully prescribed drugs within prescribed dosage, 5) voluntary submission to DWI-alcohol assessment and participation in recommended treatment, or 6) any other factor that mitigates the seriousness of the offense (including, for some judges, “polite and cooperative”).

As you can see, getting an “assessment” and completing treatment prior to your appearance in court is a “mitigating factor” that can help offset any aggravating factors you may have in your case.

12. What are grossly aggravating factors?

These are more serious factors that can put you in Level 1 or Level 2 DWI sentencing grids. If a “grossly aggravating” factor is found by the judge, the judge will not weigh “mitigating” or “aggravating” factors. Instead, he will go straight to Leve 1 or Level 2.

If you think a grossly aggravating factor is present in your case, you absolutely should talk to an attorney. If nothing else is available, the DWI lawyer may be able to negotiate with a District Attorney to a plea arrangement that does not include a Level 1 or Level 2 conviction. That may be in your best interests given the severity of a Level 1 or Level 2 DWI conviction.

Grossly aggravating factors include: 1) a prior DWI conviction within the preceding 7 years, 2) DWLR under NCGS §§ 20â€”27 and the revocation was for an impaired driving offense, 3) serious injury to another caused by the Defendant’s impaired driving, 4) and having a child under 16 years of age in the vehicle at the time of the offense.

13. What if I’m convicted of a DWI? Will I be prevented from driving for an entire year?

The answer is it depends. In many cases, you will be eligible for “limited driving privileges,” which is a determination made by the judge usually at the time of sentencing. The judge will usually permit you to have “limited driving privileges” in order to get from work or home, usually between the hours of 6 a.m. to 8 p.m.

If you need those hours extended, you can provide a letter from an employer or from your school if you’re a student, that explains to the judge your need to drive later in the evening or earlier in the morning. In some cases, people convicted of DWIs maybe given 24-hour a day “limited driving privileges.”

14. How will a DWI conviction affect my insurance rates?

This is a question that only your insurance company can answer. A DWI conviction generally means 8 points on your insurance record. If you have a concern, you can talk to your insurance company about hypotheticals. But don’t admit anything to an insurance agent.

15. What is the process in the court system?

Generally, all misdemeanors — a standard DWI is a misdemeanor – start in District Court. There are no juries in District Court. Only judges. In addition, there is no “record” or stenographer in District Court.

If you are found not-guilty by a District Court judge, then your case is over. You’re done. You don’t have to pay any court costs or fines, no jail sentence, no community service. You can thank your attorney, and pay the final installment of his fees, if necessary!

If you are found guilty by a District Court judge, which is common in District Court trials, you have two options. You can accept the verdict, pay your fines, do your community service, and pay your costs.

Or you can appeal to Superior Court. Every defendant who is convicted in District Court has an automatic right of appeal to Superior Court.

In Superior Court you have the right to a jury trial. Defendants do much better in front of juries. That’s because juries are made up of people like you. People who may have had a drink or two before driving. People who understand and are ready to forgive mistakes. And people who are more likely to be persuaded by a defense attorney’s arguments than a judge who has “heard it all before.”

Acquittal rates — not-guilty rates — are higher in Superior Court. Only you can decide — with the advice of your attorney — whether to appeal a case to Superior Court.

Originally published here.

Damon Chetson