Archive for May, 2011
Dui Records Search and Dui Record Expungement
May 31st, 2011 | 
Author: DUI criminal records may be a valuable source of criminal background history information about a person for someone like a prospective or current employer, insurance companies, universities, professional licensing entities, or whoever wishes to look up specific facts on DWI convictions or may be running a criminal background check against the DUI offender. Even if criminal information on someone has long been sealed or erased from other types of public records since long time ago, a DUI record may still contain it. Forever. The point is too many people fail to realize a DUI conviction will not clear from their criminal record automatically after a certain number of the years, be it even misdemeanor DUI charge, for DUI expungement is a civil action requiring plaintiff’s petition. DUI is the kind of record that can keep to appear on a person’s criminal record forever unless proper and required steps are taken towards its expungement. Moreover, not all states allow clearing record of driving under the influence, and some will have it done if certain requirement met only.
The general advice for the offenders is to consult their lawyer and get instructions on how it is possible to work proactively trying to clear your DUI conviction record. If you discover it’s impossible, you should at least make a bit of your own investigation to have an idea what exactly your prospective employer or landlord or someone else could discover when you consent to submit to a background check.
Another useful thing to know is that normally both DMV and the court will have a DUI public criminal records on file. Many people fail to realize that deleting the record from court files doesn’t mean automatic expungement from the police DUI record maintained by DMV, and vice versa.
Again, if you are an offender wishing to have your DUI record expunged, you should do that only with the help of a qualified lawyer specializing in the matter. Contact your DIU lawyer still before spending your time and money what possibly can’t be done. For the moment of writing this review, DUI records expungement was 100% possible in California and Utah, as well as there were chances for DUI record sealing in Nevada; certain expungements were possible in Minnesota. In Florida, New York, Washington and Texas, DUI expungement is possible if the case is dismissed, vacated, set aside or terminated in any other way. The DUI related legislature changes quickly, so don’t get into despair if your state is not on the list. The things may change.
Even if DUI regulations and laws, as well as DUI records expungement standards differ from state to state, the requirements determining whether offender’s DUI record can be cleared or not, are very similar and normally they take into account the following:
The time that passed since the conviction before expungement application was filed;
Any incidents while driving after the conviction took place;
Type of the offense, gravity of the consequences etc.
Compliance with the terms of sentence.
If you have a DUI history, it’s time to see if you have a DUI record you may wish to expunge or seal.
Originally published here.
C. Dyson
Posted in 
Arizona Criminal Defense – Mesa Arizona Criminal Defense Attorney – Expungement
Arizona Criminal Defense Lawyers Attorneys. With offices in Mesa, Casa Grande and Peoria, Arizona, Jeremy Geigle is an experienced Arizona Criminal Defense Attorney who understands the fear and anxiety that can be involved when dealing with the legal system. As an experienced Arizona Criminal…
Minor DUI Consequences
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Minor DUI Consequences
By: William Bly
Posted: Dec 14, 2010
The consequences of being convicted for driving under the influence of drugs or alcohol are in no way diminished if you are not old enough to be drinking in the first place. Leniency is much more difficult to come by, especially if aggravating factors are involved in your case, so it is even more critical to protect your rights and your future by retaining an attorney who is experienced in dealing with DUIs in your state.
Most states have adopted a Zero Tolerance Policy for those under the age of 21, which means that if your blood alcohol concentration, BAC, is higher than 0.0%, you could be arrested and convicted of DUI. However, in Maine, in order to be convicted of DUI while under the age of 21, you must be impaired or have a BAC of .08% or higher. Here are just some of the potential consequences that you could be facing for a DUI as a minor, in no particular order:
Jail
Yes, jail time is a potential outcome if you are convicted of a DUI even as a minor, depending on several other factors. In Maine, DUI is not a juvenile offense. Being underage is considered an aggravating factor in a DUI case, so you could see increased likelihood for jail or other consequences.
Read more articles
Top 10 Questions People Ask When Charged With A DUI in California
Consequences of Getting a DUI
Severe Penalties for Underage Drinking
Monetary Fines
You may be responsible for thousands of dollars in monetary fines, very similar to having to pay a ticket for speeding if you are convicted of DUI. The amount depends on the state and other circumstances, but could total several thousand dollars that must be paid before your driving privileges can be restored. When serious bodily injury or property damage and/or fatalities occur, you could also face criminal restitution charges to the victim(s) or their families as well.
Loss of Driving Privileges
A DUI conviction almost always leads to loss of driving privileges, but the length of time depends on the case. If you are underage, that time could last a long time, depending on the state, judge, and circumstances. The younger you are, and the more serious the aggravating factors, the longer you will likely be without driving privileges.
Mandatory Rehab and Counseling
Minors convicted of DUI will likely face court-ordered rehabilitation or alcohol/drug counseling before the record is wiped clean. However, in Maine, because DUI is not a juvenile offense, if convicted, you have a criminal record and there is no expungement process. This could be in the form of alcohol education classes, hospital rehabilitation or modern rehab facility, psychiatric counseling, and more, depending on several factors. You will be required to completely finish all courses or classes, including presenting a certificate of completion to the judge before your record is expunged, depending on the case and availability of expungement for minors.
This information is provided solely for informational purposes and does not constitute legal advice.
William Bly – About the Author:
William Bly of The Law Office of William T. Bly is a defense lawyer in Maine who spends part of his efforts on drunk driving-related issues. To read more, visit the firm’s website today.
Source: http://www.articlesbase.com/criminal-articles/minor-dui-consequences-3847236.html
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Article Tags:
drunk driving, dui, zero tolerance policy, jail time, fines, driving
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