How much does Jeremy know?

[RANCH]

And all of the docket entries would be explained if she never produced such proof. Also if she was doing her probation for a dui charge, it would not show as probation for a lack of insurance charge. Just as her issues for her lack of insurance do not show up on her bad tags charge that was levied on the same day as her lack of insurance charge. It seems that her bad tags situation was remedied, but her lack of insurance charge was not. Her failure to get insurance after being caught without it, would tend to tick a judge off because it was documented thar she was aware of the situation and it was not just a mistake.

On the 301.020 failure to register charge she was fined $30.50

On the 303.025 financial responsibility charge she was fined $250.00

In California those fines are very minor. Maybe there big fines in Missouri.

 

[In da Middle]

i think i will go with what the lawyer says... plus,

Probation in Kansas City, Missouri DUI / DWI or other drunk driving cases often involves supervised probation by the Private companies Midwest ADP or Northland Dependency.

As long as you successfully complete the terms of your probationary period, an SIS will not result in a conviction “showing” on your record. Note: an SIS is different than the “diversion” that is offered in some states for DUI / DWI or other drunk driving cases.

http://www.drunkdrivingdefense.com/...uilfoil/probation-in-a-missouri-dwi-case.html


it might've be expunged automatically now?

and deb might've been stopped and been charged with both the DUI and no insurance in one incident, right? so then the no insurance would remain but the DUI would go buh bye!

with an "expungement" we may never know... but WHY ELSE would one not have a drvs license especially with 3 kids at home? has RR looked into this?

It would make absolutely no sense to go through the effort to get only one criminal charge expunged when there were two other criminal charges on her record. Her criminal charge for lack of insurance was also a Sis sentence that was completed and yet, it remains on her record. If a completed SIS sentence automatically get expunged, then explain why this one was not and explain why if someone went through all of the effort to get one criminal charge expunged, why it would make any kind of sense to not get the other two expunged? It doesn't. A criminal charge is a criminal charge in the eyes of most employers or anybody else looking to do a background check on anybody and it would make absolutely no sense to leave other criminal charges lingering for all to look up.

 

[vlpate]

And all of the docket entries would be explained if she never produced such proof. Also if she was doing her probation for a dui charge, it would not show as probation for a lack of insurance charge. Just as her issues for her lack of insurance do not show up on her bad tags charge that was levied on the same day as her lack of insurance charge. It seems that her bad tags situation was remedied, but her lack of insurance charge was not. Her failure to get insurance after being caught without it, would tend to tick a judge off because it was documented thar she was aware of the situation and it was not just a mistake.

Who the heck gets probation for not having automobile insurance? She could have had her license suspended and she'd have to pay her ticket. If her ticket went into warrant status, she'd have been arrested and bonded out, whether they actually locked her up or not. Once she paid the fine and ticket, she's done. You don't get probation for failure to show auto insurance.

Missouri Driver Responsibilities and Penalties
http://wiki.answers.com/Q/What_is_the_fine_for_driving_in_Missouri_with_no_insurance

 

[redheadedgal]

While the record of the case that was expunged might vanish, the court case regarding the court hearing for the expungement will not. There is no such case listed. Getting a court date for the hearing to see if the judge agrees that the case meets the requirements for it to be expunged is a different case and therefor another casenet file as each case has a different docket number. that is how it works.

not if it's done automatically...

do you have a link to show a hearing is needed? and that that hearing would not be removed from casenet?

i would imagine any record of/for/pertaining to an expunged charge would be subsequently removed.

 

[vlpate]

It would make absolutely no sense to go through the effort to get only one criminal charge expunged when there were two other criminal charges on her record. Her criminal charge for lack of insurance was also a Sis sentence that was completed and yet, it remains on her record. If a completed SIS sentence automatically get expunged, then explain why this one was not and explain why if someone went through all of the effort to get one criminal charge expunged, why it would make any kind of sense to not get the other two expunged? It doesn't. A criminal charge is a criminal charge in the eyes of most employers or anybody else looking to do a background check on anybody and it would make absolutely no sense to leave other criminal charges lingering for all to look up.

Pretty the only charge she could have gotten expunged would be a DUI.

 

[vlpate]

not if it's done automatically...

do you have a link to show a hearing is needed? and that that hearing would not be removed from casenet?

i would imagine any record of/for/pertaining to an expunged charge would be subsequently removed.

http://www.drunkdrivingdefense.com/missouri-dui-attorney-guilfoil/missouri-dwi-expungement.html

 

[redheadedgal]

the links clearly states a 1st time DUI will be removed if probation is successfully completed... this from a lawyer and a legal website.

if you're curious, you can always ask an attorney why a DUI is removed and not the other charges...

obviously the state of MO sees a value in doing so or it wouldn't bother.

 

[RANCH]

not if it's done automatically...

do you have a link to show a hearing is needed? and that that hearing would not be removed from casenet?

i would imagine any record of/for/pertaining to an expunged charge would be subsequently removed.

So your saying that a person in Missouri can have their DUI/DWI expunged from their record with no effort or expense of their own in under the span of 3 years? It's just automatic?

 

[Dewey2Me1MoThyme]

Interesting back and forth but I think we are getting way off topic with this one. It may be a good idea to open a new thread for this and ask a mod to move related posts over. JMHO

 

[highflyer]

http://www.drunkdrivingdefense.com/missouri-dui-attorney-guilfoil/missouri-dwi-expungement.html

From your link.......

MISSOURI CRIMINAL FELONY DRIVING OFFENSES

The main criminal felony driving offenses in Missouri are:

DWI Persistent Offender- RSMo. Section 577.023;
Assault Second Degree- RSMo. Section 565.060(4);
Involuntary Manslaughter- RSMo. Section 565.024;
Murder Second Degree- RSMo. Section 565.021;
Leaving the Scene of a Motor Vehicle Accident- RSMo. Section 577.060;
Felony Driving While Revoked or Suspended- RSMo. Section 302.321; and,
Felony Operation of a Motor Vehicle Without a Proper License- RSMo. Section 302.020

 

[In da Middle]

Who the heck gets probation for not having automobile insurance? She could have had her license suspended and she'd have to pay her ticket. If her ticket went into warrant status, she'd have been arrested and bonded out, whether they actually locked her up or not. Once she paid the fine and ticket, she's done. You don't get probation for failure to show auto insurance.

Missouri Driver Responsibilities and Penalties
http://wiki.answers.com/Q/What_is_the_fine_for_driving_in_Missouri_with_no_insurance

Evidently she did, that's who. And one should not ever use wiki as a source of reliable legal advice.

not if it's done automatically...

do you have a link to show a hearing is needed? and that that hearing would not be removed from casenet?

i would imagine any record of/for/pertaining to an expunged charge would be subsequently removed.

If it was done automatically, explain why the criminal charges that had a successful completion of SIS still show. They wouldn't. IF it was not automatic and one had to go through the effort to have them expunged, one would have all associated criminal charges taken care of and ther would be a footprint of this effort. I cannot provide a link to one particular case I am very aware of as casenet is down at the moment. It clearly shows that the docket is for a hearing to see if a criminal charge could be expunged after successful completion of probation requirements with no further convictions since then. It has its very own case number.

 

[redheadedgal]

that's what the links say. did you read them?

However, if it was your first offense and you received "SIS" probation, the "record" will disappear from Casenet and other public forums once you have successfully completed probation.

"disappear": sounds pretty automatic to me... and no need to apply for it if it's a first offense. the reference to "you must apply" for an expungement, might be in regard to other types of drunk driving charges or subsequent offenses.

 

[Whisperer]

Regardless, these two parents are familiar with the court system. Jeremy has been taken to court by his own parents, his sister and the mother of his boy. He, apparently, has issues.

IMO, DB has alcohol problems. Her denial is a red flag, furthermore, jeremy seems to go along with her and defends her drinking even if his own child vanished because of it. I would not be surprised to learn both of them have dependency issues.

What does jeremy know? He knows enough to hire attorneys to get himself out of a jam.

 

[redheadedgal]

IdM-- i am not an attorney. if you are not satisfied, call one and ask. i'm satisfied that a DUI can be expunged with no trace. whether deb truly got one will never be known -unless it's admitted to- but there is a circumstantial case for it imo.

 

[vlpate]

Evidently she did, that's who. And one should not ever use wiki as a source of reliable legal advice.
Thanks for the advise, but what I posted was from the official site, verbatim.

If it was done automatically, explain why the criminal charges that had a successful completion of SIS still show. They wouldn't. IF it was not automatic and one had to go through the effort to have them expunged, one would have all associated criminal charges taken care of and ther would be a footprint of this effort. I cannot provide a link to one particular case I am very aware of as casenet is down at the moment. It clearly shows that the docket is for a hearing to see if a criminal charge could be expunged after successful completion of probation requirements with no further convictions since then. It has its very own case number.

But not expunged yet?

 

[In da Middle]

From an actual legal website regarding expungment in Missouri:

Expungement

In Missouri, under some circumstances, you may be able to have a criminal record expunged, which is the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges. You are eligible in Missouri for expungement if your arrest was based on false information and the following conditions exist:

• There is no probable cause to believe you committed the offense
• No charges will be pursued as a result of the arrest
• You have no prior or subsequent misdemeanor or felony convictions
• You did not receive a suspended imposition of sentence for the offense
• No civil action is pending relating to the arrest or records sought to be expunged

If you qualify, you may file a verified petition for expungement in the civil division of the circuit court in the county of your arrest. The court then sets a hearing on the matter no sooner than 30 days from the filing of the petition. If the court finds that you are entitled to expungement of any record, it must enter an order directing expungement.

http://research.lawyers.com/Missouri/Criminal-Process-in-Missouri.html One it is stating that if you got a SIS, you are not eligible for expungement and two it states that you must make a petition for it - which makes another docket. It does not say any of this is automatic at all.

Here is a link to the actual document that one must fill out in Missouri to even be considered for expungement. Notice that you have to swear to the fact that you did NOT get a SIS for the one being considered or for any other cases related to that one. IF she got a dui for that stop it would definitely be a related matter and she did in fact get a SIS for it so she would not be eligible for expungement. It clearly states that SIS situations are not eligible nor are any other related charges. So I believe that her getting anything expunged is moot.
http://www.courts.mo.gov/file/CR145%20Petition%20for%20Expungement%20of%20Arrest%20Records.pdf

I do believe the State of Missouri's own Court site would be the ultimate authority to Missouri case law. i will go by it over anything else posted.

 

[vlpate]

From an actual legal website regarding expungment in Missouri:http://research.lawyers.com/Missouri/Criminal-Process-in-Missouri.html One it is stating that if you got a SIS, you are not eligible for expungement and two it states that you must make a petition for it - which makes another docket. It does not say any of this is automatic at all.

Here is a link to the actual document that one must fill out in Missouri to even be considered for expungement. Notice that you have to swear to the fact that you did NOT get a SIS for the one being considered or for any other cases related to that one. IF she got a dui for that stop it would definitely be a related matter and she did in fact get a SIS for it so she would not be eligible for expungement. It clearly states that SIS situations are not eligible nor are any other related charges. So I believe that her getting anything expunged is moot.
http://www.courts.mo.gov/file/CR145%20Petition%20for%20Expungement%20of%20Arrest%20Records.pdf

I do believe the State of Missouri's own Court site would be the ultimate authority to Missouri case law. i will go by it over anything else posted.

She wouldn't be eligible until she is finished with the SIS

Effect of SIS Sentence in Missouri
By Missouri law, records of closed criminal cases where the defendant was not "convicted" are not public records and generally cannot be disclosed, except in limited circumstances as set out by law. As such, once an SIS case is completed (closed) by the defendant successfully finishing probation, the court record no longer remains a public record, because the defendant was never "convicted" of the crime to which he plead guilty.

 

[In da Middle]

She wouldn't be eligible until she is finished with the SIS

Effect of SIS Sentence in Missouri
By Missouri law, records of closed criminal cases where the defendant was not "convicted" are not public records and generally cannot be disclosed, except in limited circumstances as set out by law. As such, once an SIS case is completed (closed) by the defendant successfully finishing probation, the court record no longer remains a public record, because the defendant was never "convicted" of the crime to which he plead guilty.

If no criminal cases that had a completed SIS were no longer listed, then her criminal case that has a completed SIS (lack of insurance crimanal case) would not still be one there. They don't simply pick and choose all willy nilly as to list some and not others. Her lack of insurance case is a closed, criminal case and yet it remains and so does her bad tags conviction. We can all clearly see them still being listed in very public records. The State of Missouri clearly says she is not eligible for expungement because of her SIS. I think the State of Missouri's own court system knows what Missouri law is above any and all others. Her criminal case of lack of insurance and the completion of SIS is clearly stated on the case itself and that SIS, by itself, makes her not eligible for expungement for any cases related to it.

 

[vlpate]

If no criminal cases that had a completed SIS were no longer listed, then her criminal case that has a completed SIS (lack of insurance crimanal case) would not still be one there. They don't simply pick and choose all willy nilly as to list some and not others. Her lack of insurance case is a closed, criminal case and yet it remains and so does her bad tags conviction. We can all clearly see them still being listed in very public records. The State of Missouri clearly says she is not eligible for expungement because of her SIS. I think the State of Missouri's own court system knows what Missouri law is above any and all others. Her criminal case of lack of insurance and the completion of SIS is clearly stated on the case itself and that SIS, by itself, makes her not eligible for expungement for any cases related to it.

suspended imposition of sentence means that after two years (in your case) that the case will literally go away. There will be nothing to expunge.

My eyes are gone....see you tomorrow

 

[In da Middle]

suspended imposition of sentence means that after two years (in your case) that the case will literally go away. There will be nothing to expunge.

My eyes are gone....see you tomorrow

No. They do not literally go away. Her lack of insurance charge is proof of that. If they just magically went 'poof' upon completion, then that one would have also.