When in Need of a Child Support LawyerWhen in Need of a Child Support Lawyer

About Me

When in Need of a Child Support Lawyer

Welcome to my blog. I’m Lorna Elliot. My husband and I divorced three years ago. We had been married for ten years and had two children together. Our divorce was fine at first, but then he stopped paying child support. What do you do when the father of your children stops paying child support? Or, you find out that your ex-husband who never paid child support now has a full-time job? It would be nice if, as the parents of the same children, you could come together and make adjustments to your original child support agreement. But this doesn’t usually happen and when it doesn’t, finding a lawyer is the way to proceed. This is what I’ve had to do, and I want to share my experience with you.

How To Expunge A DUI Criminal Record

10 June 2015
 Categories: Law, Blog

If you recently have been convicted of driving under the influence, you may be concerned about it staying on your permanent record. Even one conviction could prevent you from getting jobs in the future and raise your auto insurance rates.

Expunging is one way to have all of your DUI records destroyed. Only law enforcement and the court will be able to view your record. Several states offer offenders an option to expunge their criminal records. Here are some tips to expunge a DUI criminal record.

Determine Your Eligibility

You must meet the following requirements to have a DUI record expunged:

  • You don't have more than one DUI offense, other offenses, or a trial pending for a new offense.
  • Your conviction wasn't a felony DUI charge. A felony involves a death, property damage, or personal injury which is harder to get expunged.
  • The DUI sentence involved a probation period. Offenders sent straight to jail likely won't be able to expunge the record. You completed all the requirements of your sentence without getting discharged.
  • You have no previous seals or expunged records.

Know Your State DUI Expunge Rules

States set different restrictions for DUI expunging.  In some states, you will have to wait a certain time period after completing the sentence. Here are some examples:

  • In Arkansas and Kentucky, you have to wait five years. In Arizona you are not allowed to expunge but set aside the conviction upon request.
  • Tennessee, Texas, Florida, and Washington D.C forbid expunging of a DUI.
  • In Delaware, your DUI can only be expunged if you were a juvenile at the time of conviction.

File the Petition

You commonly must file a petition with the court clerk or district attorney. You can download it from the court's website or court clerk. These forms are usually free, but you will be charged a fee to file. You will also need to avoid any additional convictions during this time.

The court clerk sends the request to the law enforcement and state prosecuting attorney office. If there are no objections from either, the records will be expunged. If there are objections, a court hearing is required. The judge decides whether to expunge your record based on you information. You are allowed to give reasons you think your record should be expunged.

Many factors figure into expunging a DUI record. Your chances of getting it expunged are greater for a first offense. If you don't have the option of expunging in your state or don't qualify, you may have other options. Keep in mind your driving record won't be cleared with criminal record expungement. A lawyer can better guide on available options and the process.