People get pulled over all the time for violating traffic laws in South Florida, and sometimes, it’s difficult to understand the exact violation. There are times when police pull people over because they believe the driver was being a threat to themselves or others on the road, but can’t pinpoint a specific maneuver that broke the rules. Sometimes, police officers charge people with the offense of reckless driving in these situations.
Reckless driving is the operation of a motor vehicle in a manner that shows willful or wanton disregard for others’ safety and property. The charge may be a misdemeanor or felony, depending on whether the act resulted in bodily injuries. If you’re hoping to erase the charge from your criminal record, it is only possible if you were charged for misdemeanor reckless driving.
Were you charged with reckless driving in West Palm Beach?
Reckless driving can be a subjective charge. The prosecution must establish that you were:
- Driving a vehicle and
- Driving with a willful or wanton disregard for the safety of others or property
It may not be clear what is considered “reckless driving” in your jurisdiction. But, you don’t need to be convicted for the charge to follow you around for years to come. A charge can show up on your record even if you’re never found guilty of the offense and sentenced to penalties. That’s why you should have the proper legal representation of an experienced criminal lawyer to mitigate the harmful effects through expungement.
Expunging your record makes it so that no one can find the charge. You might be able to expunge your reckless driving charge if the case is dismissed.
If your charges are pending, discussing them with a criminal defense lawyer could lead to a better resolution to your case. Your attorney will gather and examine all the evidence that is available in your case to present a strong argument to the court in your favor. The sooner your attorney learns about your charges, the sooner he or she may be able to take pretrial actions that can help you obtain a more favorable outcome.
At The Law Office Gabriel & Gabriel, attorney Brian P. Gabriel has more than 30 years of experience defending criminal charges throughout the West Palm Beach area. His objective is to challenge your charges so you can move on with your life without the burden of a criminal charge.
What are the benefits of having a reckless driving charge expunged?
If your case qualifies for expungement, your charge will still show up on background checks since it will still be available as public record. You must go through the legal expungement process to make sure that your charge will not damage your reputation. Whether you wish to apply for a job, go back to school, or rent a home, your charge will likely present additional obstacles to achieving your goals. When your charge is expunged from your record, no one can view your charge. Additionally, you will no longer need to disclose your charge on any application.
What do I need to do to get my criminal charge expunged in Florida?
First, you must submit an application with the Florida Department of Law Enforcement that must include fingerprints and a certified disposition. Your application for expungement must also be signed in front of a notary, and the State Attorney must fill out part of the form you send the FDLE. FDLE will determine whether you’re eligible for expungement. If so, a petition must be filed in the jurisdiction in which you were arrested for reckless driving.
There are several steps to the entire process that are best handled by a professional who has taken these measures countless times. From start to finish, the expungement process might take a few months to complete, depending on the backlog of cases in the government’s system. In these circumstances, it’s best to have an attorney work with you to ensure you and all other parties involved submit all documentation correctly to ensure a fair chance at expungement.
Contact The Law Office of Gabriel & Gabriel to Start the Expungement Process
Don’t hesitate to contact an expungement lawyer in the West Palm Beach area if you think that you are eligible for having a charge removed from your record. Having a criminal charge expunged can help you regain control of your life. Call (561) 622-5575 for a free consultation or reach out online by completing a contact form. Attorney Brian Gabriel will advise you on whether expungement is right for you.