expungement, Naperville criminal defense lawyer, criminal offense,  criminal record, eligible for expungementIf you were arrested for an alleged criminal offense, this arrest remains on your criminal record even if your charge is dismissed or disposed of through court supervision. This can create difficult, awkward situations later if you are subjected to a background check or asked if you have ever been arrested.

To avoid this type of situation, you can have your record expunged. Charges for certain felonies and most misdemeanors can be expunged from an individual’s criminal record. An expungement is not the same as having your criminal record sealed. If you were convicted of an offense, you cannot have the conviction expunged. You can only have your record sealed, which is a different process. Think of it as the difference between having a record erased versus having it made inaccessible to the general public. If you were arrested, but not convicted, you can have your record expunged and enjoy the following benefits:

Your Name is Removed from the Public Arrest Record

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Naperville DUI lawyer, underage DUI, underage drinking, underage drinker, DUI chargeAlcohol impairs an individual’s ability to safely operate a motor vehicle. Because drunk drivers are a hazard to themselves and all others on the road, it is illegal to operate a motor vehicle while under the influence of alcohol. Doing so can result in a driving under the influence (DUI) charge.

The Driver’s BAC at the Time of His or Her Arrest Matters

For an individual age 21 or older, the legal blood alcohol concentration (BAC) limit for operating a motor vehicle is 0.08 percent. For individuals under 21, the legal limit is 0.00 percent. In other words, having any alcohol in his or her system during a traffic stop can lead to a DUI charge for an underage individual.

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Naperville criminal defense lawyer, adult trial, adult court, tried as an adult, juvenile defenseWhen an adolescent is arrested for allegedly committing a criminal offense, he or she may be tried as an adult. This means that rather than being adjudicated and facing penalties and rehabilitative efforts through the Illinois Department of Juvenile Justice, the child may be convicted and sentenced to criminal penalties typically reserved for adult offenders.

It is rare for a minor to be tried as an adult, but it does happen in Illinois courts. A minor may be tried as an adult in the following scenarios.

Some Charges Must be Handled in Adult Court

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DUI conviction, Naperville DUI lawyers, go to jail, jail for DUI, DUI conviction, DUI chargeIf you are charged with DUI in Illinois, jail time is always a possibility. DUI charges can be very different from each other. In most cases, a first or second DUI is charged as a misdemeanor. Still, there are circumstances that can make this a felony charge.

Relevant factors that can alter a DUI charge include:

  • Whether you have been convicted of DUI before;
  • How long ago you were previously convicted of DUI;
  • Whether your actions caused another person to suffer death or bodily harm;
  • Whether you were transporting a child under the age of 16 at the time of the arrest;
  • Whether you refused to take a chemical test to determine your blood alcohol content (BAC); and
  • Your BAC at the time of your arrest.

For Your First DUI, you Probably Will Not Face Jail Time

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driving while intoxicated, DUI, Naperville DUI lawyer, field sobriety test, blood alcohol contentWhen you are pulled over under the suspicion of driving while intoxicated (DUI),you may be asked to perform a field sobriety test. You have seen these in television and movies—they are the roadside exercises that show whether an individual is impaired by alcohol or another drug, such as standing on one leg or walking in a straight line and turning.

If you are asked to perform this type of test, politely decline. Although you might think that performing the test will prove that you are not impaired, the truth is that the test is far more likely to hurt your case than help it.

After you are arrested, contact an experienced DUI defense lawyer as soon as possible to develop your legal defense strategy.

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