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If you are reading this article, you may have been arrested before. Did you know that even if you were arrested by mistake, the charges against you were dropped, or the charges against you were dismissed, you still have a criminal record in Florida?And that this criminal record will be publicly available to anyone who wants to see it, including potential employers performing a simple background check when you apply for a job or a landlord running a criminal history check when you apply for housing? Most people are not aware that in order to make an arrest record disappear, you must take action!

Administrative Expunction for Mistaken Arrest

The legal procedures for removing a mistaken arrest from your record are different from the regular record sealing or expungement process in Florida. The statute governing administrative expunctions applies to arrest contrary to law or by mistake. “Mistake” is, for example, if someone used your identity when he or she was arrested. With the correct documents, these types of errors should be easily corrected. Expunction based on the “contrary to law” standard, however, is a lot more difficult to obtain.

A Florida law enforcement agency can administratively expunge a non-judicial arrest if the agency determines, of its own volition, that it made an arrest contrary to law or by mistake. Does this actually happen, you wonder? Well, me too. I’ve not seen it yet.

If you think you’ve been arrested contrary to law or by mistake, you will have to obtain the endorsement of the head of the arresting agency, or the state attorney of the judicial circuit in which the arrest occurred, in order to have the arrest expunged administratively. Again, it is not easy to get an arresting agency to admit, in writing, that your arrest was made contrary to law.

Expunging Dropped or Dismissed Charges

If you were arrested, but the charges against you were later dropped or dismissed, then under Florida law you may be eligible to expunge your record (i.e., have your record physically destroyed). It is not necessary to have been arrested by mistake or contrary to law. Procedures and eligibility requirements for expunctions can be found in the Florida Statutes, which are public records easily accessible online.

Sealing an Arrest

If you were arrested, and you pled guilty or no contest to the charges, but received a withhold adjudication, then you may be able to seal your record (i.e., have your record placed under highly restricted access). Again, there is no mistaken arrest requirement in order to get a record sealed.

Remember, a record of your arrest (mistake or not, prosecuted or not) will remain publicly available until you take action to have it removed.

If you ever get cited or have a Florida Dwi Arrest, there is a Florida Dwi Defense. Once you get charge for a druving while intoxicated in these state, you should take it seriously. The charge is a serious matter and should never be taken lightly. A Florida Dwi arrest has a lot of implications on your life as well as your livelihood. It can also affect your employment, your life, your personal freedom and of course your future. So getting a Florida Dwi Defense lawyer is a must.

Since the consequence of your state dui arrest is tantamount to a disaster. You need a quality or excellent lawyer or attorney to defend your rights and thereby protected. A quality attorney or lawyer should have a good understanding of Florida Dwi Laws and court proceedings. Hiring a quality Florida Dwi Defense lawyer can a difference in the outcome of your case.

Time is very critical if you have a Florida Dwi Arrest. With your drunk driving in these state, you could lose your license in as few as 7 days if you do not act immediately. A good or excellent lawyer could keep your drivers license and fight those costly fines and penalties. The lawyer could even help you avoid jail time as well. But this depends on a case to case basis. With the ever increasing fines, penalties, and jail times for drunk driving or driving while intoxicated, there is no doubt you need a good lawyer.

Once you hear the word attorney or lawyer, you get intimidated. But do not get intimidated with it. I know the first thing that comes to your mind is the cost. Not all good and excellent lawyers are only for the rich and famous. There are a lot of good affordable dwi or dui lawyers. Obtaining a Florida Dwi Defense legal expert to represent you in court is more affordable than you might think. In fact some if not a lot them do give some free consultations. They even give or offer flexible payment options if you cannot pay once in full.

Most of these law firms can be found online which is easier to contact or get in touch with. You may also find it more convenient since you have a lot of options of scouring the web to find which you may think may best suit your needs. What you need to look for is someone who is well verse and familiar with Florida laws and court proceedings. You may also check for their history and cases they have defended successfully. Also the rate of success defending their clients should also be check.

Just be beware of scammers who pretend to be good but actually lemon lawyers. Avoid them at all cost. Good lawyers do not give too fancy advertisement about their expertise. Their history proves who they really are. Always find the law firms that have extensive expertise on Florida laws and court proceedings.

Take your Florida Dui arrest seriously and obtain the best possible defender for your Florida Dwi Defense. It could make a difference on your life and future. Get smart and serious about and do not delay.

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