Expunge Your DUI Arrest

Now is the time to have your criminal record expunged. While there are many benefits to having a clear criminal history, these are the most cited top ten:

1. To Obtain Employment. With the economy still down and countless individuals looking for work, there are many more job applicants than job opportunities. Since most employers conduct thorough background checks, having a criminal record is one of the quickest ways to land your resume or job application in the trash can.

2. To Obtain A State License. Having a criminal history can prevent you from obtaining a state license, including a nursing license, real estate license, or contractor’s license, to name a few.

3. To Obtain Loans. Many lenders require that you divulge your criminal record as part of their application process and risk assessment. With a criminal history, you can end up with higher interest rates, or even be prevented from getting a loan altogether.

4. To Be Eligible For More Educational Opportunities. Most colleges, graduate schools, and vocational schools require that your reveal your criminal record on your application. Again, in such competitive times, having that mark against you can stop you from getting into the program of your choice. If you have a scholarship when you pick up a record, there is a great possibility you will lose it. If you are already enrolled in a program, you can be kicked out.

5. To Be Eligible For More Housing Opportunities. This works in two ways. First, you may not be eligible for governmental housing assistance with a criminal record. Second, private landlords are not obligated to rent to you if you have a criminal record. There are no statutes preventing discrimination against former “criminals.” Many, if not most, landlords run background checks on prospective tenants and having a record can prevent you from staying where you want or need to live.

6. To Avoid Sentence Enhancement. Although most people don’t like to think about being involved in the court system again, let’s face it, it happens! Having a criminal history will be counted against you during sentencing in any subsequent crimes, and courts tend to go much easier on first time offenders than repeat offenders.

7. To Join A Professional Organization. A number of professional organizations conduct background checks prior to allowing individuals entry into the organization.

8. To Travel To More Places. Did you know that travel to Canada and many other countries is restricted with a criminal record? This is not anything new. Many countries deny entry to people with criminal records regardless of how minor the charges. For example, Canada will not allow people in with DUI or drug possession convictions on their records.

9. To Be A More Attractive Date. Landlords, employers, and financial institutions aren’t the only ones looking online to dig up dirt on people. Many people meeting both online and offline use the internet to investigate potential dates. In my practice I’ve heard plenty of stories of cancelled dates because: “You didn’t tell me you had a criminal record!”

10. To Obtain Personal Redemption/Peace Of Mind. Many individuals feel uncomfortable having their past mistakes hanging over their heads indefinitely, are embarrassed or worry about their past, and are even stigmatized when people find out. This is the reason I hear the most from people as to why they want to expunge their criminal record. Peace of mind is priceless.

Originally published here.

A North Dakota DUI arrest creates two separate cases: The first is an administrative case with the Department of Motor Vehicles, which determines if your driver’s license will be suspended for a few months or for several years. The second is the criminal case with the courts to determine if you will be convicted, sentenced to jail, required to pay any fines, be directed to take alcohol education courses, and/or if you will be required to have an interlock ignition device (IID) installed in your car. Your dui defense lawyer can represent you in both cases, working to keep your driving privileges and freedoms intact.

There are two separate theories under which the North Dakota DUI criminal case can be prosecuted and, depending on the circumstances, you can be prosecuted under one or both theories. The first is the per se law that makes it illegal to drive with a blood alcohol concentration (BAC) of .08 or above, and has nothing to do with how safely you were operating your vehicle. The second is the traditional theory of impairment, meaning you were found to be operating your vehicle unsafely because you had been drinking or taking drugs. Under this theory your driving pattern or your lack of coordination during field sobriety tests are going to be used as evidence of impairment.

A dui defense attorney can defend your case depending on which theory you’re being prosecuted under, and it is possible to be prosecuted under both theories. From disputing the findings of the chemical test that was used to determine your BAC was .08 or above, to discrediting the methods used during the field sobriety tests, the best dui attorney will use all the ammunition in his arsenal to not only lessen the charges against you, but to attempt to have the charges dismissed entirely.

All dui cases are unique, and these differences can lead to various dui consequences:
Did you refuse to take a blood, breath, or urine test to determine your BAC? You can still be criminally prosecuted in court, because refusal is evidence of consciousness of guilt. A refusal will also affect your driver’s license; it will be automatically suspended from one to three years because of the implied consent law.

Do you have a prior DUI? North Dakota has a washout period of seven years, which means that if your prior DUI was more than seven years old, it has been washed off your record. If, however, the prior DUI was within seven years, then the dui punishments will be greater than if this was a first offense.

Were there any aggravating circumstances surrounding your case? These include a dui arrest when a minor is in the vehicle, a dui accident involving death, injury, and/or property damage, excessive speed, or other additional driving citations. Aggravating circumstances usually bring increased fines and jail sentences.

No matter the circumstance, you’ll need an experienced professional defending your rights.

http://www.myduiattorney.org/north-dakota-dui-lawyers.html

Originally published here.

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 Utah. Providing viewers information on how to have their criminal record removed and the benefits of expungement in a fast and safe manner.