If you are a law abiding citizen with a clean record, you have probably never pondered how being involved in a criminal law case can affect your job. The reality is that nowadays, most prospective employers, as well as your current employer, do criminal background checks. If you are employed, many do periodic checks on employees along with some who do routine drug tests.
What can you do, in the event you are charged with a crime, to keep your record clean? Should you do a plea bargain and accept a sentence of probation? After a statutory period of time, in most cases you can have a Criminal Law attorney file a Petition for Non-Disclosure of the Criminal Law case and have it wiped off of your record. On the other hand, if you do not do probation and are not convicted, in some cases you can do a Motion for Expungement and have your record cleared that way. There are at least two (2) types of cases where you cannot have your record cleared if you are involved in a criminal law case. The first is Domestic Violence, or Assault of a Family Member. In this case, you can plea bargain, take Deferred Adjudication (DADJ) and ultimately have the case dismissed, but in Domestic Violence cases there is something called an AFFIRMATIVE FINDING OF FAMILY VIOLENCE. Sadly, this finding stays on your record forever.
The second category is a Driving While Intoxicated (DWI), or a Driving While Under the Influence (DUI) which stays on your record forever. A first DWI, or DUI typically results in DADJ and a dismissal and no jail time, unless there is personal injury proximately caused by the accident which can make it a Felony, depending on severity of the injuries, or substantial property damage, but stays on your record. A second DWI or DUI within a 10 year period typically results in some jail, and a third always results in some jail time and probably would be upgraded to a felony. In the event of a death caused by an accident involving a DWI, or DUI, the case being upgraded to a Felony and involving severe punishment, particularly when the offense is the 2nd or beyond.
So, the moral here is to protect your record and be aware of the penalties at all times. A last point is that if you have a Concealed Handgun License (CHL), the occurrence of any of the above would likely result in the right to have that license lifted.
If you want a Criminal Law Attorney that will help you if you find yourself in a criminal law case or need more information on a Petition for Non-Disclosure, or a Motion for Expungement, give me, Bruce Buskirk, a call today. www.buskirkatlaw.com