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Tag Archives: expungement

SCRAM:  Before and After a DWI Conviction in Virginia?

SCRAM – the Secure Continuous Remote Alcohol Monitor – is becoming more popular in Virginia courts both before and after trial.  SCRAM is an alcohol tester that straps on to your lower leg.  It typically consists of two black boxes secured by a locking strap. The most common use of SCRAM continues to be as a condition of bond. If you want out of jail before trial – you have to wear SCRAM. While a number of judges across Virginia require ... Read More »

The DWI Exception to the Constitution is Alive & Well

There is no actual DWI exception to our Constitutional rights; however, DWI Attorney Lawrence Taylor popularized the term to describe numerous Supreme Court rulings that act as if there were. (See http://dwimanual.com/our-attorneys/what-motivates-us/ for more.) A number of DWI Attorneys have written excellent blogs about the Navarette case – but a previous Virginia case that was before the Supreme Court showed once again that the DWI Exception to the Constitution is alive and well. Harris v. Commonwealth of Virginia shared a ... Read More »

Sealing or Expunging your Massachusetts Record

You may be wondering if it is possible to have your OUI conviction expunged from your record.  The short answer is no.  An expungement order is a court order to remove and destroy records so that no trace of the information remains.  There are two instances, as it relates to DUI, where your record may be expunged.  First, a judge may have your name changed to “John or Jane Doe” on the criminal complaint and expunge your record if someone was charged ... Read More »

DUIs are Forever . . . in Virginia

Among the Top 10 Questions that I am asked:  “How long will a DUI be on my record?” Virginia makes the answer easy:  DUIs are forever. Virginia has no provision to erase or expunge any misdemeanor or felony conviction no matter how much time has passed.  It is true that a first or second DUI (both misdemeanors) will only “count” against you as a previous DUI for 10 years, but as of July of 2013 felony DUIs now count against ... Read More »

PA ARD Expungements

After successful completion of the Accelerated Rehabilitative Disposition (ARD) Program, one may motion for an expungement.  But, what does this mean? An expungement removes the criminal aspect of your DUI charge.  So, for example, a new job you apply for runs a criminal background check and you are concerned it is going to show up.  After the motion for expungement is granted, it should not appear. However, if this new job requires a driving history, you should be aware that ... Read More »

Can a DUI Conviction be Expunged in Arizona?

Can a DUI Conviction be Expunged in Arizona? Mandatory jail time, fines, ignition interlocks and license loss are direct effects of a DUI. There are many indirect effects as well, such as increased insurance rates and the inability to rent a car. One of the most severe indirect effects, however, is having a permanent criminal record. In Arizona, there are two records that you have to be concerned with: Arizona Department of Transportation, Motor Vehicle Division (ADOT/MVD) and the Supreme ... Read More »

Virginia’s New Policy for Restoration of Rights after Felony DUI

You can’t count on a lot in life – but one thing you can – DWI penalties always get tougher in Virginia.  So, it’s noteworthy when Virginia decides to give people convicted of a DUI a break.  This break comes from the Governor instead of from the General Assembly. If you were convicted of a felony DUI, it will be easier to get your rights restored to vote, hold office, and serve on a jury.  Additionally, this initial restoration is ... Read More »

Clearing DUI Records in Mississippi

On April 11, 2013, Mississippi Governor Phil Bryant signed into law House Bill 481, which introduces several changes to Mississippi’s DUI laws.  While I have previously addressed the ways in which this bill “cracks down” on impaired drivers, it also provides a benefit to potentially thousands of people who have been convicted of DUI.  Effective next year, anyone who has been convicted of a first offense DUI prior to the law’s effective date may be eligible to have their DUI ... Read More »

Georgia Legislator Will Introduce Mugshot Legislation

Representative Roger Bruce Will Introduce LegislationTo Protect Against Exploitation of Headshots for Profit Atlanta, GA – December 7, 2012 – Representative Roger Bruce has recently caught the attention of national media with talks on introducing legislation in 2013 to protect individuals who have headshots for police records, commonly known as “mugshots.” These headshots are visible to the public on the sheriff’s county website and there are no guidelines on the usage of the headshots. This allows third-parties to post the headshots ... Read More »

Tennessee Expungement Fees

Due to the new Tennessee expungement law (allowing for the erasure of an arrest or conviction from public record) effective July 1, 2012, there has been some confusion about how much a court clerk may charge to file an expungement petition.  In an effort to resolve the many questions relating to this issue, the State of Tennessee Attorney General’s Office issued Opinion Number 12–89.  This opinion provides a detailed analysis of how the Attorney General arrived at its answer, but ... Read More »