Can I have my arrest record and finger prints destoyed?

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I was arrested for a DUI, but the charge was dismissed and a plea of careless driving was accepted. Can I have the original arrest record and fingerprints destroyed? I am trying to go to Canada and they will not let me in due to the original arrest! I'm confused as careless is a civil infraction, but since it is tied to the original arrest of a DUI Canada considers this to be a felony.

Attorney Answers

3
Scott Matthew AaronsonCriminal Defense AttorneySouthfield, MI ·
You absolutely can because careless driving is a civil infraction. In order to do this you need the judge to sign an order from your "motion for destruction of fingerprints and arrest record". It is a simple form, but if you need additional help getting this done feel free to contact me. -Scott Aaronson Criminal Defense Lawyer Direct: 248-956-1165
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Gerald Smith ·
You need to contact a lawyer in your state because there may be differences between each jurisdiction. In Texas it MAY be possible to have the record for the DWI/DUI arrest expunged in certain circumstances. For example a person is entitled to an expunction when they have been tried and acquitted of the charge or convicted and later had that conviction overturned by an appellate court. However just because the case has been dismissed, especially when another charge has pled to, may have an impact on whether the expunction will be granted. I suggest you find an experienced lawyer to discuss this matter with you.
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Loren Dickstein ·
I'm not so sure the process is as simple as previously suggested. A link to the Court Form is below for your ready review. The form and the statute provide for destruction of the fingerprints and arrest card if you are "found not guilty." Your charge was dismissed and a dismissal and an acquittal are not the same thing. A motion may result in the destruction of your fingerprints but I do not think it is generally an easy thing to do following a "dismissal."
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