What is a 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
& 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
every 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.
Does this erase all records and destroy the Court
file?
No. An expungement
the disposition of the case to reflect a dismissal under
1203.4 of the Penal Code. This means the Court file, the
California Department of Justice, and the FBI update their
files to show the case has been ordered dismissed by the
Court.
Will I need to go to Court?
No. I handle all Court work for you.
How Long Does A DUI Expungement Take?
Misdemeanors: Most expungements for
misdemeanors take between 4 to 6 weeks to complete from
the time the application is filed. This does not include
the time needed to research all records and process the
application. The more prepared you are as to the information
needed (Case number, date of birth, conviction date, probation
length, Vehicle Code charge number, and San Diego county
court location) the quicker the application can be processed.
If it is necessary to search the court records for information,
it may take additional time.
Why Expunge my record? Why spend the money?
There are a number of reasons to do so such as employment
or licensing. However, at least half our clients want
to expunge their record as final "closure" on an old mistake-
just for peace of mind.
DISCLAIMER: Please be aware this page is NOT
a comprehensive analysis of all expungement law, types
of answers to types of questions asked, or of all types
of remedies that may be available to you. This is NOT
intended to be legal advice, and a consultation with an
Attorney is always first recommended and before answering
any question.
