QUESTION
What does it mean in the long run if my son was arrested for DUI, spent the night in jail and told by the judge the next morning that no charges were
Asked on Mar 20th, 2013 on DUI/DWI - Colorado
9 ANSWERS
Michael J. Breczinski
No he will not have a criminal record. Criminal records are of convictions.
Answered on Mar 25th, 2013 at 9:55 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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The Judge has no way knowing whether charges will be filed, or not, the Prosecutor's office makes that decision and it is unlikely that they had an opportunity to review the evidence and make a charging decision the morning your son was released. The prosecutor has up to one year from the date of arrest to file charges in a misdemeanor case, after the year, charges will be barred by the statute of limitations. Assuming your son is not prosecuted for DUI, or any other possible crime that was committed during the incident that caused him to be arrested, he will still have an arrest record. He may petition the court for a "finding or factual innocence" which will clear the arrest from his criminal record too. He should contact an attorney to discuss the facts of his case and the next possible steps.
Answered on Mar 22nd, 2013 at 9:49 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If no charges were filed, then he does not have a criminal record. However, there will be an arrest record.
Answered on Mar 21st, 2013 at 9:13 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If he is never prosecuted, he still has an arrest record and the FBI has his prints on file. He needs to hire a lawyer to expunge that record.
Answered on Mar 21st, 2013 at 9:02 PM
1 Award
His record may show an arrest, which can be expunged or sealed if he motions the court.
Answered on Mar 21st, 2013 at 3:36 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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If he was arrested, he will have an arrest record. Whether he ends up with a criminal record depends on whether or not he is convicted of a DUI. If he gets convicted of a DUI it will be on his record for at least 10 years.
Answered on Mar 21st, 2013 at 3:36 PM
Of course no charges were filed yet. DUI charges are never filed the next day. It takes at least several weeks. Your son needs to hire a DUI specialist ASAP, because he has only 10 days to save his license.
Answered on Mar 21st, 2013 at 3:35 PM
Criminal Defense Attorney serving Chapel Hill, NC
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The Law Office of Lynn Norton-Ramirez, PLLC
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His record will show an arrest and then no charges filed. He has not been convicted or even had a case filed.
Answered on Mar 21st, 2013 at 3:35 PM
3 Awards
That is good news. If they never file charges, be very happy. If you want to check on his record, wait about a week or so and go to the Colorado Bureau of Investigation on-line, you can request a criminal record for less than $10.
Answered on Mar 21st, 2013 at 3:34 PM