Legal Question in DUI Law in Florida

Two arrests:

1. 2005 DUI/ nolle prossed

2. 2007 possession alcohol under 21 and possession of counterfeit drivers license/nolle prossed

Question:

I am having one of these arrests expunged. I am about to graduate college degree in Engineering. Which one should I get expunged? At the time of the arrest the "fake id" was processed as a felony after court is was changed to misdemeanor.

I want to get a good job when finished school so wonder especially what future employers would be less likely to have a problem with? Thank you!


Asked on 11/16/11, 7:11 am

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

This is really not an easy question to answer. In fact if you ask 10 different people you'll get 10 different answers. So, my answer is based SOLELY on what I personally would do and is not necessarily a "legal" opinion as there are advantages and disadvantages to both.

I suppose I would tend towards getting the 2007 charges expunged for a couple reasons. First, it involves a felony (although most lay people don't know it's a felony). Second, it is more recent. Third, while it was dismissed, employers may have a harder time looking past the fact that you were charged with a crime involving dishonesty or false statement (the fake ID). Of course, if your job involves a lot of driving, then the DUI may be more appropriate. So take my opinion for what it's worth, but couldn't hurt to ask others.

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Answered on 11/16/11, 7:54 am
Amir Ladan The Ladan Law Firm, P.A.

I would echo Craig's opinion. While both of your offenses involve alcohol, expunging the more recent offense would make more sense to me because it includes a felony, which presumably would appear as a felony on a background check, and because it is more recent in time. In my opinion, you'd have an easier time explaining away a six year old offense that was dismissed than a more recent, and more serious, offense.

Should you require assistance with the expungement process, please feel free to call me at our main office in Orlando (407) 657-1555.

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Answered on 11/16/11, 8:13 am


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