Thank you for asking me “Why does DUI appear on my Background Check when I got a “Wet Reckless?”
So… You were arrested for DUI, you wound up with a Wet Reckless, DUI still shows up on your background checks and you are confused.
I get it, and I can explain it.
When you are arrested for DUI 2 things happen at the same time:
The first thing that happens is that the DUI charge is documented on your FL-DMV driver record, and the second thing that occurs is that a criminal court case is initiated with your name and date of birth.
Although these 2 things stem from the very same facts and circumstances (your DUI arrest) they are separate and distinct from one another. They exist on their own, each independent of the other and what happens to one does not necessarily effect the other.
So when the State agrees to dismiss your DUI and you plead into Wet Reckless, as far as the Court is concerned, you have a Reckless Driving case and not a DUI. In fact, if you got a withhold on the Reckless and if you are not otherwise disqualified from doing so, then you can seal both the Reckless and DUI arrests.
But none of this effects FL-DMV, and DMV is gonna maintain all of your driver history entries, including your dismissed DUI citation, and, unlike court, you can’t seal entries on you driver record.
Further, even if you do seal (or expunge) your criminal case that will only effect some public records and no private records, meaning that once your arrest history hit the internet, to some degree or another it’s likely to remain digitally available forever.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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