How can I get a false DUI charge off of my record?
How much do you charge to file this and what are my first steps? I received a letter from the DA regarding discovery that they won't be filing charges at this time. I'm a teacher and I need this off my record. The stupid cops said I was on drugs and alcohol, when they blood tested me, it showed that they were lying and clearly racist.
Answered By: Law Office of Geoffrey M. Yaryan
If they don't file it, it will not be on your record as a conviction.
Answer Applies to: California
Replied: 8/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
If the DA is not filing charges on your DUI it means that your record does not shod a conviction for the DUI. The DA may be waiting for the lab results or for some other evidence that is being processed. They have a year in which to file. They can charge you even if you did not take a blood test. They do this based upon the officers observations. If you contact me we can discuss the facts surrounding this incident and I can give you a more complete answer. I need to talk with you before knowing how much I would charge.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Nelson & Lawless
You dont. Generally. Records are forever. Yours shows an arrest, but not a conviction. However, you could file an Application and Motion seeking a declaration of factual innocence, IF the charges were dismissed because there was no indication of guilt. Your DA letter said they won't be filing charges at this time. That doesnt sound like no guilt. Just because the blood test was negative doesnt prove they didnt have probable cause to stop or arrest, or that they were lying, or that you werent under the influence. It just means they didnt detect the drugs in your system that they generally test for. If you are serious about trying, feel free to contact me to discuss the costs and your actual facts.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Greenwald, Mayfield & Vigil, LLP
You won't have any court proceedings in relation to the alleged DUI but you will have the arrest or citation. Unfortunately you can't get the arrest off your record. The only possibility is to seal your record and that is extremely difficult and rarely successful.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
Since no charges were filed, there is nothing for you to do. You have no criminal record.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The English Law Firm
You don't have a criminal record per se. Since you were never charged and convicted, there is no criminal record. However, your arrest will still be in the database and there is not much you can do about that.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of James A Bates
If the charge was never filed, there is no conviction on your record.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Edward J. Blum
If you were arrested, but no charges were filed then you need to file a petition for finding of factual innocence. First, when no charges have been filed you file the Petition with the police agency that arrested you and if (when) the police refuse to grant it, then you file it with the superior court in the county where you were arrested. You need to wait until the statute of limitations has run. In this case 1 year. You also need to protect yourself from the DMV if they have suspended your license as a result of DUI. If you had a DMV hearing and lost, then you need to obtain a DS 702 from the prosecuting agency showing that they dismissed/did not file so that you can obtain a second DMV hearing to clear your DMV record. Call me, this is something I can help you with. You may also want to file a civil rights complaint against the police for discrimination and false arrest. To protect your rights, you have to file a government tort claims act demand within 180 days of the incident. You will then have 180 days from the denial of your claim to file a lawsuit against the police department and officers.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Thomas F. Mueller
You write the police agency a letter asking for a finding of factual innocence, If they refuse you can ask a judge to do it. Best to have a lawyer at that point.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Joe Dane
You can file a petition for factual innocence under Penal Code section 851.8. The burden is on you to prove that there was no reasonable basis for your arrest. If granted, it is an order to the police to seal and eventually destroy your arrest record as well as having it removed from your DOJ background. That is the only way to get something off. Your best bet is with the help of a local criminal defense attorney.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Martina Vigil
A first time DUI can cost anywhere between $1,500 and $3,500. If the blood results came back negative you have a really good case and it is especially important to fight this charge.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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