Archive for May, 2011
How to Get a Previous Charge Expunged
Knowing that future employers can look up your record and see mistakes from your past glaring back at them can be nerve-racking. It may even keep you from going after positions you are highly qualified for. However, as criminal defense lawyer Henry Wade of The Wade Law Firm in Texas explains, it is possible to get a previous charge expunged from your public record.
If you have ever wondered about the possibility of getting something from your past erased that has caused you embarrassment, then don’t think that all hope is lost – especially if that something happens to be a charge on your criminal record. Following an expungement, all public records or references of your charge must be destroyed.
Getting a Charge Expunged
In Texas, the only way to get a charge expunged from your record is if you were found not guilty of the crime. If that’s the case, then you can file a petition with the courts to get the charge permanently erased. If your petition is granted, then from that point on, you can rightfully deny ever having been arrested for a crime when it comes up on employment applications.
On the other hand, if your original court case was dismissed due to lack of evidence or for any other reason, then you will have to wait for the statute of limitations to run out before you can apply.
Obtaining an Order of Non-Disclosure
There is still an alternate route for you referred to as an Order of Non-Disclosure if you were not acquitted of the charges in your case. There are two possible scenarios in which this would apply to you:
If you were placed on probation for the crime instead of being found guilty, then you can have your record sealed.
If you received a deferred adjudication, then you are also eligible for an order of non-disclosure. A deferred adjudication is a plea bargain. It means that during the proceedings of your case, you deferred the finding of guilt and were ordered to complete a task for the court as opposed to jail time, like community service.
Understanding the Difference
It may seem that expunging and obtaining an Order of Non-Disclosure are the same, but they do differ. If you qualify for getting a charge expunged, then it is completely erased from your record and cannot be held against you in future prosecutions. With an Order of Non-Disclosure however, your record is just sealed, not destroyed. So it is possible for law enforcement to reopen the record and present it against you in any future cases you are involved in.
Hiring a Qualified Attorney
Hiring a lawyer in either case is always beneficial to you. A qualified lawyer will be able to handle questions from the district attorney on your behalf, and if need be, he can also argue your case in court.
Your lawyer will be able to obtain a copy of your record, review it with you, and determine whether you are eligible for either expungement or an Order of Non-Disclosure. He will be able to make sure that everything is filed correctly so that your request does not get dismissed due to small errors in the paperwork.
Finally, keep in mind that the process of getting your record sealed is not too costly, and it includes any lawyer fees and a court filing fee of around $300.
Originally published here.
Henry Wade
How to clear your DUI Record – DUI expungement
Have you been arrested for DUI?
Do you have an older DUI arrest record that is haunting you when you are looking for a job or trying to obtain car insurance?
Are you spending hundreds and sometimes thousands of dollars in fines and penalties?
Do you just want to get your drivers license back?
A DUI is a mistake that can plague you for life & make your future miserable . From super high insurance rates to trouble passing a simple employment background check, those three letters will mark you as sure as if you had them written in red ink on your forehead. Figuring out how to beat a DUI is imperative if you are to get on with your life. Luckily, there are things you can do to completely erase or seriously minimize the damage a DUI does to your driving AND criminal records. If your DUI meets several simple criteria, you may be able to learn how to beat a DUI charge & have your record expunged completely, in all 50 states!
DUI convictions are a huge source of income to local governments in all 50 states, & there may be pressure to increase revenue by making more arrests. In addition, political lobbying groups such as Mothers Against Drunk Driving have a vested interest in keeping DUI arrests high.
The extremely polarizing nature of this offense has made DUI a “political” crime, with a one size fits all punishment system for ALL offenders. This means that someone who barely fails a sobriety test after having 2 or 3 glasses of wine at dinner gets the same punishment as someone who blows 3 times the legal limit after causing an accident with serious injuries. And when someone notices those 3 letters on your background check, they are likely to conjure visions of the second scenario.
All this means if you are convicted of a DUI, you’re life will change for the worse unless you educate yourself on how to beat a DUI charge. Even if your DUI is several years old, there are things you can do to minimize its effect on you life.
Clear Off Your DUI Records
A lot of individuals who have DUI records have no idea that they can actually clear their records. What is more, they do not know that they are given the chance to keep their bad records from appearing on background checks each time someone looks them up in databases. If you are one of these individuals, you now have an idea that you can clear your records. If your DUI record has been filed for many years already, you can have it cleared so your employment opportunities will not slip away. Conviction records due to driving under the influence of drugs or alcohol gives you a bad position in the society and in the eyes of the employers. This will ruin your chances of being able to land a job no matter your exemplary skills. If you have previous DUI records, make sure that you have it cleared.
Clearing Your DUI Records with the Help of an Attorney
If you have DUI records to clear, ask for the assistance of an attorney. A good lawyer will be able to help you clean your records permanently. If you want to hire an attorney, choose someone who specializes or knows how to handle DUI cases and records. There are a lot of lawyers within your state who act as defense attorneys for DWI or DUI cases. Aside from specializing in these types of cases, the attorney should also have a certification as an operator of breath tests. What is more, they should have certification as a trainer for SFST or standardized sobriety tests. With the help of the best state DUI attorney, you will have your DUI records cleared in no time.
Don’t let a DUI conviction keep you from getting a job, or hold you back in any way. Having a misdemeanor criminal conviction on your record is psychic baggage that you don’t need. Thanks to drunkdrivinginjurieslawyers.com, and the ability to expunge afforded by law, you don’t have to live with a DUI conviction on your record forever. Even if your drivers license was suspended and you have had license reinstatement, you may still expunge your driving record. If you’ve got a DUI record, go to drunkdrivinginjurieslawyers.com for help. Contact a qualified DUI expungement lawyer today.
Originally published here.
MikeDui
St. Paul Minnesota DUI Lawyers – Call 1-800-270-8774 in St. Paul Minnesota
Call 1-800-270-8774 St. Paul Minnesota DUI Lawyers – Call 1-800-270-8774 in St. Paul Minnesota Should anyone needs to face the DUI charges in reality, St. Paul Minnesota DUI Lawyers are experienced and skillful DUI lawyer in the state for DUI offense. St. Paul Minnesota DUI Lawyers are verse with the DUI law in that specific state. These specialized St. Paul Minnesota DUI Lawyers have created an entire industry around helping people clean their records. The most important thing St. Paul Minnesota DUI Lawyers are certified as an operator of breath tests, certified as a trainer for sobriety testing. Having these credentials will insure that St. Paul Minnesota DUI Lawyers will be able to see any mistakes made by police, which could help you walk away from your charges, no matter how long they have been on your record. St. Paul Minnesota DUI Lawyers can help expunge your records or even withdraw a plea and clear it completely.