Expunging a criminal record: After conviction, many defendants are allowed to clean up their record by removing the conviction from their criminal record. An expungement attorney can conduct an expungement on behalf of a person who has been convicted. After an expungement, a person may legally say that they have never been arrested, charged, or convicted of the crime that was expunged. This is the general rule, however, in some instances the person is required to report expunged convictions, see below.

How to Expunge: Expungement Attorney:

A person convicted of a crime may wish to hire an attorney to expunge the conviction.

When can you Expunge? The time periods vary, but generally there is either a three year waiting period or a five year waiting period. The waiting period begins when you have completed your probation time or jail / prison sentence. The length of the waiting period depends on the type of conviction.

What convictions can be expunged? The majority of convictions can be expunged, but there are many that cannot be. Generally, these include very serious felonies and some other lesser offenses.

Where are criminal records kept at? Records are kept by several agencies, including the convicting court, the arresting law enforcement office, the State's bureau of investigation (Kansas Bureau of Investigation "KBI", for example), and the FBI.

Where do expungements happen? After the Court has ordered the expungement, it removes the record from its public record database, then the Court sends the order of expungement to the other agencies that have the conviction on record, and then these agencies remove the conviction from their public record databases.

Can anyone see the conviction after it has been expunged? The conviction remains on the private record for law enforcement agencies and Courts to view, and generally it will remain on the private criminal history indefinitely. Also, some types of employers are also able to access expunged convictions. Someone who has expunged a conviction is required to report it if applying for one of these types of employment, including law enforcement officers, security clearance jobs, employment with gaming commissions and lottery commissions, financial advisors, in an application for a license to practice law, and several other types of employment, which may be discussed with your attorney.

How do I know if my conviction has been expunged? Generally 6 weeks after the order of expungement has been granted, it is safe to assume the records have been removed from the agencies' public databases. Some clients prefer to do a KBI record check to verify for themselves. This record check can be done online at the KBI website, for a small fee. Often Courts have public access computers or websites that show what convictions are on the public record, and clients can check on the public access computer or the public access website. This will show whether the conviction has been removed from the Court's database but it does not necessarily show whether or not the conviction has been removed form the other agencies' public databases. Therefore it is generally best to wait six weeks after the expungement order has been granted, before assuming the record has been removed.

Traffic Tickets

-Traffic Tickets - Basics:

-What Information is Included on a Traffic Ticket: information such as your court date, the alleged traffic infraction, and the officer's signature.

-The Traffic Ticket "Point" System: If you are convicted of a traffic ticket, you score "points" which may cause your insurance rates to increase. Also, repeated traffic infractions can result in criminal penalties or suspension or revocation of driver's license.

-Possible sanctions and penalties: Fines, License Suspensions, License Revocations, Traffic School, and in some instances, jail time.

-Avoiding Traffic Tickets: How to Stay Out of Trouble: obey all traffic laws at all times, be observant of posted traffic rules, and drive defensively. It's better to be safe than sorry.

-Traffic Tickets: Deciding Whether to Fight or Pay Up: this depends on the strength of the State's case. Is there clear evidence of an infraction that could be proved at a trial? If so, you may save money and benefit from a plea agreement by having a portion of the charges reduced or dismissed, or the prosecutor may recommend a minimum fine or penalty. If you believe that you are innocent or the State's case is weak, fighting may be the better option.

-Tips and Strategies: Fighting a Traffic Ticket: you may consult an attorney regarding the facts of your case and the legal procedures to determine what your options are.

-When Speeding Isn't Speeding: if the speed limit is not properly posted, this may not be speeding. If your vehicle has defective equipment this may excuse liability as well.

-License Restoration: your license can often be fully restored after any sanction has been fulfilled. Often this involves applying for reinstatement.

-If you are issued a ticket, you may represent yourself, or consult an attorney.

-Attend your hearing

-To postpone your hearing: you may request a continuance

-Types of tickets: Speeding Tickets, failure to signal a turn, reckless driving, driving without a license, driving without insurance, driving with a suspended license ( driving while suspended ), no seat belt, headlight out, tail light out, swerving within the lane.

-Determine whether traffic stop was legal: in some instances the police may not have had authority to stop your vehicle, which may result in your case being dismissed, or other positive results.

DUI

Driving Under the Influence of Alcohol, also Known as DUI

-Possible sanctions and penalties: Fines, License Suspensions, License Revocations, Traffic School, and in some instances, jail time.

-The penalties differ based on whether you have any Prior DUI's, your blood alcohol content at the time of the stop, whether you refused the testing (test refusal), whether an accident occurred, and a number of other factors.

-Deciding Whether to Fight or Pay Up: this depends on the strength of the State's case. Is there clear evidence of a DUI that could be proved at a trial? If so, you may save money and benefit from a plea agreement by having a portion of the charges reduced or dismissed, or the prosecutor may recommend a minimum fine or penalty. If you believe that you are innocent or the State's case is weak, fighting may be the better option. The potential weaknesses of the State's case can often be determined by having an attorney obtain and view the police reports.

-Some things to consider in making the decision of whether to fight or pay up are as follows:

Tips and Strategies: Fighting a DUI:

In Kansas if your blood alcohol content (BAC) is .08 or above, that is grounds for a conviction. However, a conviction is not necessarily assured, even if your BAC is over .08. The outcome of the case can depend on whether the test was given properly. The test is commonly given on a machine known as the Intoxylizer 8000. This machine has some technical weaknesses that can sometimes be exploited. Also, the officer that gave the test may or may not have conducted the test properly, and this may be exploited as well. For example, was the Intoxylizer test given within 2 hours of the traffic stop? Was the machine properly calibrated?

Alternatively, you can be convicted even if your BAC is below .08. This is because other evidence can be used to prove that a person was driving while impaired, or unable to safely operate a vehicle. For example, the driver's demeanor and appearance can be used against him or her. Was he stumbling, slurring speech? Was there an odor of alcohol or bloodshot eyes? Did he admit to drinking alcohol or taking drugs? Also, the officer will conduct field sobriety tests, such as the walk and turn test, the horizontal gaze test, the one leg stand test, and other tests. Interestingly, many of these tests are not admissible in court, and cannot be used against the driver. However, some of them are admissible, and can be used to argue that the driver was intoxicated. However, an officer's failure to properly conduct these tests can be exploited. Also, we can argue that the tests themselves are not reliable indicators of intoxication. How many people are able to stand on one leg for an extended period of time without swaying?

There is also another blood alcohol test that police use. It is called the preliminary breath test (PBT). This is done with a small handheld instrument, usually at the scene of the traffic stop (the intoxylizer test is done later, at the police station). The preliminary breath test is not admissible and cannot be used against the driver unless we argue that the police did not have a right to stop the driver's car.

That brings us to the issue of contesting whether or no the police had a right to stop the car, which is another issue that may be argued.

Another important issue is whether or not the officer read you the implied consent advisories prior to asking you to submit to the intoxylizer BAC test. If he failed to do so then the test results may not be used against you.

People charged with DUI usually benefit from having an attorney to guide them through the process. Having an attorney guide you through the process can help to insure that in the event of a conviction, you are not overpenalized due to a clerical error or mistake made by a prosecutor or the Court. Having an attorney also helps to ensure that all possible options for you are considered and the best one is chosen. You want to make an informed decision about whether to have a trial, and you want to have a very clear idea of what you need to do in order to comply with any sanctions that might be imposed.

-License revocation hearing

In addition to the criminal driving under the influence case against you, there will also be a license revocation proceeding conducted by the department of motor vehicles. This is a procedure to suspend or revoke the drivers' license. You will be given notice at the time of arrest that their license will be suspended or revoked automatically unless you request a hearing with the department of motor vehicles. This request must be received within 10 days of the arrest. If the request is not properly made, there will be no drivers' license revocation hearing and your license will be automatically revoked, so it is important to send in the request for a hearing very quickly after arrest. An attorney can make this request for you.

-License Restoration: your license can often be fully restored after any sanction has been fulfilled. Often this involves applying for reinstatement with the department of motor vehicles.

Useful Links:

SEARCH ENGINES

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MAPS and YELLOW PAGES

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Yellow Pages

Kansas Legislature

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Federal Courts

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LOCAL LAW ENFORCEMENT

Johnson County Sheriff

www.jocosheriff.org

Kansas Department of Corrections

www.dc.state.ks.us

NATIONAL GOVERNMENT

U.S. Chamber of Commerce

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Local Government

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Library of Congress

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U.S. House of Representatives

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U.S. Senate

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White House

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Naitonal Weather Service

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NEWSPAPERS

Kansas City Star

New York Times

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USA Today

Wall Street Journal

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2009 by Law Office of Joel Rook. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Law Office of Joel Rook

Criminal defense and family law attorney in Kansas City area including Johnson, Wyandotte and Jackson. DUI, traffic, expungements, criminal defense, personal injury, divorce, child custody, spousal maintenance.

Traffic Tickets

DUI

Driving Under the Influence of Alcohol, also Known as DUI