Case Results

Expungement granted. Juvenile client pled guilty to a felony count of negligent fires. After demonstrating to the court that he has made positive strides in becoming a respectful and hard-working young man, the court granted the expungement in full over the State's objection. The State's attorney was unfamiliar with the new expungement law as it pertains to juveniles, which allowed Mr. Gempeler to educate the Court about the proper interpretation - to the benefit of the client. This expungement will permit the client to pursue his future careers without fear that this felony will hold him back.

Expungement granted. Client was unsuccessful in seeking an expungement less than a year ago. Mr. Gempeler had the expungement hearing venued at the Stand Down event - an event that offers extensive free services to veterans. It was the first time an expungement had been heard at this event. Due to the client's tremendous service and rehabilitation record, the Judge felt compelled and "proud" to grant this expungement. No longer will this record be a disqualifying offense by the DHS and prospective employers.

Expungement granted, in full. Client obtained a stay of adjudication to a gross misdemeanor 5th Degree criminal sexual contact charge in 2008. The county attorney, Department of Human Services ("DHS"), and Board of Nursing all opposed the expungement in writing and at oral arguments. Mr. Gempeler successfully explained the nuance of the appropriate burden of proof shifting to the state and the data practices concerns raised by the DHS and Board of Nursing. The Board of Nursing even commented that it's never been done before in asking that its records be sealed. The Court granted the expungement in full, ordering all agencies records to be sealed. And the Court ordered that the client be restored to the position he held before the incident - meaning, he does not need to acknowledge this charge and record for any reason, at any time. The most important result is that the client no longer has a record that can be utilized by the DHS as a permanent disqualification in getting his appropriate professional license. This is the ultimate second chance for the client.

Dismissed. Mr. Gempeler pushed the case to a contested hearing, with a jury trial scheduled after it. Prepped to fight the unjustified stop, the charges were dismissed prior to the hearing.

Plea to misdemeanor failure to signal traffic offense and the DWI charges were dismissed. After Mr. Gempeler filed motions challenging the stop and probable cause for arrest, the prosecutor made an offer the client could not refuse because the legal motions were far from guarantees. In addition to getting only a misdemeanor traffic offense on her record, the client was not sentenced to complete any jail time, do any community service, and did not even have to do the one-day alcohol education program that is typically required for all DWIs. The client also avoided the probation fee when supervised probation was limited to five months.

Mr. Gempeler successfully obtained an expungement of a 2012 matter in which the client was convicted of misdemeanor disorderly conduct and underage consumption. A charge of obstruction of legal process was dismissed at that time, making this matter one involving disobedience to the police – i.e. one that courts are reluctant to expunge typically. The success hinged on Mr. Gempeler’s ability to work with his client to build and improve the case by getting several letters of recommendation, transcripts, treatment records, and a diligent review of the 12-factors in the petition paperwork.

Dismissed. Mr. Adkins obtained the dismissal after successfully raising the post-incident consumption defense. The client admitted to drinking prior to driving to a local restaurant, thereby giving the prosecution traction to pursue the DWI. Mr. Adkins’ thorough investigation into the night in question led to the discovery of multiple eyewitnesses that corroborated the client’s story that he consumed a number of drinks at the restaurant, which is what ultimately led to him being well-above the legal limit. An expert report concluding that the client could not have had an alcohol concentration higher than .06 at the time of driving was the final push the prosecutor needed in order to dismiss the case short of a contested hearing. Needless to say, the client is overjoyed with Mr. Adkins’ work.

Mr. Gempeler successfully moved the court to withdraw a previously entered guilty plea by the client (prior to Mr. Gempeler’s involvement). At the same time, the client obtained a stay of adjudication on the misdemeanor theft. The client is on one-year unsupervised probation and cannot commit any same or similar offenses. There was no new fine or costs imposed. This is a terrific result because not only did Mr. Gempeler have to move the court to withdraw the guilty plea, but then he negotiated such a favorable resolution on a theft that could have been charged out as a gross misdemeanor. Because of Mr. Gempeler’s work, the client went from a conviction on his record to a dismissal one-year from now.