Crestview, FL DUI Law Firms & Lawyers

Expunction of a DUI criminal history record is possible if (1) the charge was "nolle prossed" (dropped) by the prosecution (the State) or dismissed by the Court, and if (2) the person seeking expunction has never been convicted of any crime, misdemeanor or felony, or adjudicated to be delinquent as a juvenile of any felony or some misdemeanors, and if (3) the person has never previously been the recipient of a sealed or expunged criminal history record. Interestingly, and in my view very unfairly and in disregard of the basic principles within the criminal justice system, the legislature decided that a person cannot receive the benefit of expunction if he or she goes to trial and is found not guilty.  So, despite the Constitutionally guaranteed entitlements of the presumption of innocence and the right to a trial at which the government, which has made the charge(s), must prove its allegations, an accused individual who opts for a trial, and wins, is not eligible for expunction.   If the person seeking expunction is eligible, as confirmed by the Florida Department of Law Enforcement, he or she could then petition the Court to expunge the record, and the Court would hold a hearing and determine whether the request should be granted.  The Court is not obligated to order expunction even if eligibility exists, but in most jurisdictions a denial would be unusual.

Why has it been delayed for that long? Are you represented by an attorney? If not, you should retain an experienced DUI attorney in your area as soon as possible. Is the prosecution delaying the case because of lack of evidence or is the defense delaying it for some strategic reason? A lot more information is needed before a more accurate answer can be given. Usually there are statutory mandates on how long the court has to bring a misdemeanor case to trial. If it has not come to trial in that time period, there would need to be good cause for why it has been delayed for so long.