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Federal DUI Reduced to Reckless Driving/ enpungement?

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TpaNative

Junior Member
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

Senior Member
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

Junior Member
Thanks for the reply

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

Senior Member
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.
 

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