When it comes to criminal charges involving alcohol-related driving offenses, the permanency of the impact that an arrest or conviction can have on your life and future should not be underestimated. For example, read the following scenarios to see if any apply to you.
If you fall into one or more of the categories above, there's still hope. There may be a way for you to seal or expunge the record. Defendant's whose cases were either dismissed or dropped may be able to seal any record of the arrest or court proceedings. Furthermore, defendants who were not convicted of DUI, but have had their charges reduced, may be eligible to request their record be sealed.
When your freedom hangs in the balance, who you hire to represent you is critical. Let me help you make an informed decision. Call (305) 707-0036 or email me for a free case consultation.
The process required for sealing a record can be a long and costly procedure. As your Miami DUI defense attorney, I can help you ensure that all necessary documentation, fees and motions are completed correctly and on time.
In Florida, sealing a record and expunging a record are two different legal processes but the practical differences are minimal. The essential different simply depends on the nature of the record you are seeking to seal or expunge. If you were arrested and convicted, either by pleading guilty, no contest or being found guilty by the court but the court withheld adjudication, you may be eligible for sealing the record. If, on the other hand, your case was either dismissed or dropped by the judge or state and you did not have to go to trial, then you may seek expungement of the arrest and charge record.
The other difference between sealing and expungement is the outcome. When a record is sealed, there will be no public access to the specific record and the individual in question may legally answer "No" when asked whether he or she has ever been arrested. Special government agencies and related entities may still have access to an individual's sealed criminal history and the individual may not legally deny the arrest.
Expunging a record effectively destroys the record of the arrest and any related records as well. The only entity that may access an expunged record is law enforcement and that can only be done by court order. Without a court order, law enforcement will only see a note on the record in question that a specific criminal history has been expunged.