Federal DUI Reduced to Reckless Driving/ enpungement?

[TpaNative]

What is the name of your state? Florida

In January 2007 I was charged with a FEDERAL DUI at a military installation in Florida. I refused the sobriety test. My trial was scheduled in May, 2007.

The day before the trial my attorney called and advised me that I was offered a plea bargain advising that they would reduce the DUI to reckless driving and that they would dismiss the refusal to submit to the sobriety test violation ( it was invalid any way since it was my first offense.) I accepted the offer to avoid a trial and to avoid having a DUI on my record. I was fined, placed on a 6 month probation, am required to attend Level 1 DUI school, and I am required to complete 40 hours community service which I bought out. Basically, I have been treated as a DUI offender except the conviction is going to reflect reckless driving.

My questions are:
Can this Federal conviction qualify for expungement? If so, how and when do I go about applying this? My main concerns are background checks in the future. I have received conflicting info on this issue.

Also, do these FEDERAL convictions get reported to the state? I have been given yes, no, and possibly/possibly not as answers.

Please keep in mind when answering this that this is a FEDERAL conviction not a state conviction.

Anyone having a similar experience would be helpful.

[FlyingRon]

Yes, if you have concluded your sentence and community service, you have a high school diploma or equivalent, haven't otherwise gotten any other state or federal convictions, and have been free of drug dependency and alcohol abuse for a year, you can petition the court you were originally convicted in for expungement.

Of course, the records will still be available to law enforcement as well as governmental background checks.

[TpaNative]

Thanks for the info.

I guess I have to wait 1 year then before doing anything? ( My probation is only for 6 months.)

I thought I heard you have to wait longer for expungement like 5 years.

Are there attorneys that usually specialize in this?

[FlyingRon]

Originally Posted by TpaNative

I thought I heard you have to wait longer for expungement like 5 years.

Are there attorneys that usually specialize in this?

I believe the law changed in 2005, but I could be wrong.
I'm not a lawyer, but I did stay in a Holiday Inn Express last night.

Yes there are lawyers, look in the phone book especially around the military facility for ones that specialize in Federal matters.

[danno6925]

I'm not a lawyer, but I did stay in a Holiday Inn Express last night.

Best. Reply. EVER. LMAO