Driving while intoxicated can result in serious outcomes, including severe injury or even death. This potential for public danger has led Florida lawmakers to harshly punish DUI convictions. Even in instances where you are not convicted, there may still be impacts on your personal and professional life. If you have been arrested for a DUI, speaking with a Tampa DUI expungement lawyer can help you explore your options and potential outcomes.
Expunging a record can be an incredibly complex process. Jeff Marshall Law has years of experience helping residents of Cigar City and along the Suncoast clear their records with expungements. Hard work is a cornerstone of our law firm, and we are committed to supporting our clients. Though expunging your record can be a challenging process, we do not shy away from hard cases.
Outlined in Florida Statutes Section 943.045(16), expunction of a criminal history record means that the court has ordered the physical destruction or obliteration of a record or a part of a record. T0.his destruction must be done by any criminal justice agency in possession of that record.
This means the arrest record will be removed from public view and cannot be easily found on a government website. The only record that can remain will be held by the Florida Department of Law Enforcement (FDLE) and can be accessed only for limited purposes. Though FDLE may reveal the presence of an expunged record to some agencies, they will not reveal its contents.
The eligibility requirements for expungement are restrictive and depend in part on the type of expungement you seek. If you wish to expunge your record, you must obtain a Certificate of Eligibility from FDLE; this certificate acts as proof that you qualify to have your criminal history expunged.
There are very limited circumstances under which a DUI can be expunged from a criminal record. The only way to have a DUI conviction expunged is to first receive a pardon granted by a judge. Fortunately, you have options for expungement if you were arrested but not convicted.
Though having an arrest on your criminal record is not the same thing as having a conviction, it can impact your personal reputation as well as your job and housing options. Florida Statute 943.0585 states the eligibility qualifications to receive an expungement, but they are lengthy and can be complex to understand. An experienced DUI expungement attorney can help you determine if you qualify to have your DUI arrest removed from your criminal record.
There are several situations where you may have been arrested for a DUI but not ultimately convicted. For example, you may qualify for expungement if you were arrested for a DUI, but the charges were ultimately reduced to a traffic violation. You can also qualify if you were arrested for a DUI, but the charges were completely dropped. Additionally, receiving an acquittal or a verdict of not guilty from a judge or jury could qualify you to receive an expungement.
There were more than 3,000 DUI convictions in Hillsborough County, making it the county in Florida with the greatest number of DUI convictions. However, if you were arrested and not convicted of a DUI, it is important to explore your options for expungement. Several positive outcomes will result from a DUI arrest expungement, including:
Criminal record expungements have several benefits, but that does not mean they are easy to get. It is crucial that you seek experienced support. Jeff Marshall Law understands the positive impacts an expungement can have on our clients’ lives, so we are dedicated to understanding the requirements and helping our clients achieve success.
A: There are several differences between sealing and expunging a DUI record in Tampa, Florida. There are different requirements for each option, with expungement requirements being more strict. A sealed record is maintained by law enforcement and courthouses, but it is removed from the public record. Expunged records are physically destroyed and only maintained in a limited form by the FDLE.
A: Florida Statute 943.0585 states the eligibility requirements to qualify for a record expungement. However, it can be confusing to read through this statute. A record expungement attorney can look through your record, determine if you qualify, and then help with the application process if you do. They can be a valuable resource, as the expungement process is often complex.
A: In most instances, you will not be required to disclose your DUI criminal record after it has been expunged, but there are limited exceptions. Some occupations, such as those involving children or other vulnerable populations, may require disclosure. Additionally, some government licensing agencies, such as those with positions in law enforcement or the Department of Education, may be able to access cleared records.
A: You are not mandated to work with an attorney if you are applying for a DUI expungement, but working with a skilled DUI expungement attorney can help ensure you reach a positive outcome. Missing deadlines or other mistakes can prevent an expungement from being approved, so it is important to set yourself up for success with experienced support.
The Jeff Marshall Law team is ready to help you through the DUI expungement process. If you would like to explore your options and begin the next steps, reach out to our office for a consultation.
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