Who Is Eligible To Have A DUI Conviction Expunged In California?
If you have a misdemeanor DUI conviction in California, you are eligible to apply for an expungement. The Penal Code regulates how this process works. Most people who are convicted of a DUI are put on three years of misdemeanor DUI probation. Once the probation is over, we can file a motion requesting that the case and the conviction be dismissed, so that the person can be relieved of the stigma that goes along with having a conviction. This allows someone to say to a potential employer that they do not have a conviction for a DUI. It does not seal and destroy a record. If someone is checking very thoroughly, they will see a conviction, an arrest, and a dismissal in a case.
An expungement can help with immigration purposes and many other purposes. Most people who end up getting convicted for DUI would be very smart to get back to their lawyer and have an expungement motion typed up. Sometimes, we have the client sign a declaration containing some information about what they have done since their conviction, to show how they have rehabilitated themselves. There is a fee for filing the motion and there are attorney’s fees but it’s not nearly as expensive as the initial DUI case.
How Long Does Someone Have to Wait For An Expungement After A DUI Conviction?
We advise clients to wait until their probation is over before attempting an expungement. There are situations where people want to have it expunged quicker due to job or immigration issues. It’s very hard to get the court to grant those. We can apply for early termination of probation and if the court grants that, then we can ask for an expungement.
Will An Expungement Help Me Get My Driver’s License Back?
The DMV administrative action and the court process for a DUI are completely separate. The expungement will have no effect on an administrative suspension.
Does An Expungement Impact The Penalties If I Happen To Get A Subsequent DUI?
An expungement helps clear your record. It is not a seal and destroy. It does not make a prior conviction become a non-priorable offense. When charging you with the new DUI arrest, the prosecutor will see the old one and can still charge you with a second DUI. It doesn’t make the penalties any less.
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