How To Expunge a DUI in California
A California drunk driving misdemeanor conviction is eligible for expungement under California Penal Code Section 1203.4. The benefits of clearing a DUI record can mean many things, including expanded employment opportunities by being able to answer “no” on job applications if and when the employer or application asks if you’ve ever been convicted of a criminal offense.
By clearing the record you’ll be eligible for jobs that would otherwise exclude you based solely on the California DUI record as well as professional licenses and other civic liberties.
California Drunk Driving DUI Expungement
After a Drunk Driving conviction in California, one of the best remedies to seek is what’s known as a 1203.4 expungement which is a legal practice that can clear your DUI record. The California DUI expungement gets the initial charges dismissed and the case dropped under specific terms described in the California expungement order. The California DUI expungement can be handled by a DUI Lawyer who can advise how the drunk driving charges can be dropped.
What is a California DUI Expungement?
A DUI expungement is a legal process that petitions the Court to review a DUI-related conviction to determine:
If the term of probation was successfully completed and concluded; That all fines, restitution and reimbursement ordered by the court have been paid and everything ordered by the court was completed in a timely manner; That the petitioner is not now on probation for another offense; That the petitioner has no new pending cases; The Court then may allow the petitioner to withdraw his or plea or finding of guilt or no contest, and thereafter orders the case dismissed.
How does this help me?
Expungement law (Penal Code Section 1203.4) provides in part:
“[Petitioner shall]…be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided…”
What about applying for jobs?
If Private Employers ask if you have ever been convicted of a crime, you generally can respond with “NO”. (Each question is different so please first contact an attorney before answering any specific question, in every case and for every form.) On questions by Government Employers or Government Licensing Applications if you are asked if you have ever been convicted of a crime, you must disclose the expunged case.
What doesn’t a DUI Expungement do?
Your dismissed DUI conviction can still be used to increase your punishment in future DUI cases. The offense is “priorable”.
It can still be used to enhance penalties & increase punishment should you get another DUI. It can be used to try to put you in jail or increase the length of a DMV suspension.
Rick Mueller is a San Diego DUI Lawyer and Criminal Defense Attorney. Rick has protected the driving privileges of many clients and is available for consultation if one is in need of a San Diego DUI Attorney to fight for their rights.
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