Can my DUI be removed from my driver record if my case was dismissed?
Pending case will be dismissed 04/30/2014
4 Attorney Answers
Best Answer
In the state of Florida, you can expunge a DUI case that has been dismissed, from your record. You can seal a DUI case when it has been reduced to a lesser criminal charge such as reckless driving when adjudication is withheld. However, you must have never sealed or expunged a criminal case before, and you must not ever have been adjudicated guilty of any crime or comparable ordinance violation.
If you meet those qualifications, you should contact a criminal defense attorney. Your criminal defense attorney will jump your case through all the preliminary hoops that must be cleared in order to get a certificate of eligibility from the Florida Department of Law enforcement. Your lawyer will then file a petition with the courts that is legally sufficient, will argue it and hopefully get it granted. After that, some lawyers will scour the Internet for evidence of your arrest and will have the information removed under penalty of contempt of court or by use of the fair credit reporting act.
All of this can be done for a very fair and reasonable fee. There are even affordable payment plans at most attorneys that do this kind of service.
The problem that many folks whose DUI cases were dismissed face, is that the initial administrative suspension may not have been invalidated. This is true when it person does not hire a lawyer to defend a DUI case with in the first 10 days and simply wait for a court hearing.
I so doing, the person waived his right to contest the administrative refusal to submit suspension or the administrative driving with an unlawful breath alcohol suspension. Thus, although we might be able to get the evidence of you having had a criminal case or arrest removed from your record, the suspension that says driving with an unlawful breath alcohol level or refusal to submit to a breath test will stay on your record. This is why it is so wise to always carry your attorney's number with you and consult your attorney immediately upon being arrested. Cannot wait until you're notified to be in court or until your court date. Always seek the assistance of a criminal defense attorney as soon as you are aware that there's a problem problem.
If you meet those qualifications, you should contact a criminal defense attorney. Your criminal defense attorney will jump your case through all the preliminary hoops that must be cleared in order to get a certificate of eligibility from the Florida Department of Law enforcement. Your lawyer will then file a petition with the courts that is legally sufficient, will argue it and hopefully get it granted. After that, some lawyers will scour the Internet for evidence of your arrest and will have the information removed under penalty of contempt of court or by use of the fair credit reporting act.
All of this can be done for a very fair and reasonable fee. There are even affordable payment plans at most attorneys that do this kind of service.
The problem that many folks whose DUI cases were dismissed face, is that the initial administrative suspension may not have been invalidated. This is true when it person does not hire a lawyer to defend a DUI case with in the first 10 days and simply wait for a court hearing.
I so doing, the person waived his right to contest the administrative refusal to submit suspension or the administrative driving with an unlawful breath alcohol suspension. Thus, although we might be able to get the evidence of you having had a criminal case or arrest removed from your record, the suspension that says driving with an unlawful breath alcohol level or refusal to submit to a breath test will stay on your record. This is why it is so wise to always carry your attorney's number with you and consult your attorney immediately upon being arrested. Cannot wait until you're notified to be in court or until your court date. Always seek the assistance of a criminal defense attorney as soon as you are aware that there's a problem problem.
Best Answer
I assume that you have an attorney assisting you. You should address this question to your attorney
Best Answer
Ask your attorney! It might show up on your dmv record since they probably suspended your dl after your arrest. Congrats on your dismissal!
Best Answer
The DUI itself should not be on your record, but the administrative is probably there unless you won that too. Your lawyer will be in the best position to answer this question. Hope that's helpful