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Archive for the ‘Criminal Law’ Category

Will Record Expungement Mask my Prior Arrest From Employer Background Investigations?

Friday, April 17th, 2009

No. Many people are under the mistaken assumption that a record expungement and/or so called record clearance will actually mask their prior criminal arrests and convictions from future background investigations. Many attorneys actually advertise that this is the case. It is not the case. What record expungement will do is entitle one to a notation in their court file record that they have successfully completed probation, and/or entitle them to certain government benefits including citizenship, professional licensing and others.

This entry was written by San Jose defense attorney, Bernard P. Bray.

If one is Convicted for Driving Under the Influence will They Loose Their License?

Thursday, April 16th, 2009

The short answer is yes. For first time offenders the suspension is for six months. However, the DMV will grant a restricted license, a license that allows one to drive to and from work and school, once one has shown proof of enrollment in a driving under the influence program, proof of insurance, and pays all required reissue and reinstatement fees.

If you have been arrested for driving under the influence in Santa Clara county then contact Bernard P. Bray, a DUI lawyer in San Jose.

If One is Arrested for Driving Under the Influence will They Loose Their License?

Thursday, April 16th, 2009

The short answer is yes, if you provide an alcohol screening test that comes back with a result of .08% blood alcohol or higher, or refuse to take a test. However, I can take action to attempt prevent license suspension or minimize it.

If you have been arrested for driving under the influence in the San Jose Bay Area, contact San Jose DUI lawyer, Bernard P. Bray.

If I am Arrested for Drug Possession will I Have a Criminal Record?

Thursday, April 16th, 2009

Yes. Even after successful completion of the Prop 36 program or the drug diversion program you will have a criminal record. While successful completion of those programs will result in your case being essentially dismissed, you will still have a record to the extent that anyone wanting to investigate your background will be able to find out about such arrests.

Written by San Jose Criminal Lawyer, Bernard P. Bray.

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