Archive for February, 2011

California Dui Expungement: What are the Benefits?

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If you’re arrested and charged with a DUI in the state of California, it is highly likely that the incident will go on your criminal record, or “rap sheet”. However, there is the possibility that you can get a DUI charged expunged. An expungement has different definitions in every state, but generally it is a formal process of deleting or clearing a DUI charge from your record. However, due to the drunk driving laws being different in each state, it’s important to consult with a drunk driving defense attorney to get help with your DUI case.

In the state of California you can get the DUI charge expunged after completion of probation. However, keep in mind that a DUI charge or conviction in California will not necessarily be removed permanently from your criminal record. Furthermore, if you have a second DUI charge within ten years, the first DUI incident could still be used as prior conviction. For example, if DUI #1 is expunged but later the person is charged with another DUI (#2), it will still be considered a second offense.

Benefits of a DUI Expungement in California

So what then are the benefits of a DUI expungement if it can’t be completely removed from your record?

1. The current case will be dismissed by the court

2. You do not have disclose the DUI charge when applying for a job with a private employer. However, if applying for any government or state-related position, it must be disclosed.

Originally published here.


Maria Palma

Tips on Dealing with Consequences of DUI

Driving under the influence (DUI), as we know, is an act of driving while a person is intoxicated either by alcohol or drugs. The drunk driving statistics have been quite alarming in the recent past. In 2008-09, there were nearly 38,000 DUI cases in the US alone, with states like California, Georgia, Florida, and Texas recording the highest number of DUI cases. Considered to be a criminal offense in the US and several other parts of the world, this phenomenon has prompted lawmakers to crack down on DUI offenders, ordering harsh penalties for the convicted drivers. Currently, all states in the US have enacted per se laws that restrict drivers having particular blood alcohol content (BAC) level from operating a vehicle. Generally, the specific DUI laws vary from one state to the other and from country to country.

Consequences of DUI

The DUI penalties depend on whether you are convicted of similar offenses in the past. If this is your DUI first offense, you are expected to pay a huge fine. In many states, your license is suspended temporarily and it becomes mandatory for you to attend DUI educational classes. Other consequences are:

? If this is your second DUI offense, you will certainly face jail sentence, permanent license suspension, a hefty fine and/or court cases.

? Most employers prefer that their employees should have a clean driving record. So, if you have DUI records, chances are that you may lose your job and also have problem finding a new job.

? Those convicted for DUI driving also have to pay higher insurance premiums to their company. At times, the existing policy is also dropped under the drunk driving laws of a particular state.

? Other problems may occur, for example, DUI arrests can weaken an individual’s position in a custody battle, rental applications may get rejected and educational scholarships and loans may be denied.

? In countries such as Canada and some states in the US, immigration related rights may be denied or delayed.

Consulting a DUI attorney

DUI records can be disastrous for your future. But what should you do if you are convicted? You have a solution. The most important step is to consult a competent drunk driving attorney. There are criminal law firms that have specialized lawyers who handle DUI-specific cases. With the advent of the internet, finding the best san mateo dui attorney has become even simpler today.

What you need to know while looking for a DUI lawyer?

You should look for a knowledgeable and experienced DUI lawyer, who knows the DUI laws and ensure that you avoid the severe penalties following a drunk-driving conviction. Look for the number of DUI cases he has handled before and how those trials were resolved.

It is important that you are absolutely honest with your lawyer when you inform about you prior DUI history. For first time DUI offense, penalties are less severe than second or third time DUI cases. You should also produce the necessary documents that are required by your lawyer. He will be your best guide who knows the tricks of the prosecution and in many instances will help you get a DUI expungement as well.

Originally published here.


DavidClark

Expunge Your Criminal Records in Oregon – Expungement in Oregon

For more information please visit www.RecordGone.com Expungement Attorney Mathew Higbee talks about the benefits of expungement.This video will briefly go over Expungement and Record and Sealing in the state of Oregon and provide viewers information on how to have their criminal record removed in a fast and safe manner.