How does a San Diego DUI expungement help me?
A legal withdrawal of plea, an entry of not guilty, and
a court dismissal of a San Diego DUI or Drunk Driving conviction
can be very useful.
If the petition is granted, you are released from all penalties
and disabilities resulting from the San Diego DUI conviction.
Will I need to go to Court?
No. San Diego DUI lawyer Rick Mueller handles all San Diego
Superior Court work for you.
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 of the clients want
to expunge their record as final closure on a singular discretion
or an old mistake, perfect for peace of mind.
How Long Does A San Diego DUI expungement Take?
Misdemeanors: Most expungements for misdemeanors take approximately
between 4 to 7 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 San Diego DUI 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.
What is the actual San Diego DUI "expungement"
procedure?
A San Diego DUI expungement is an important legal procedure
to:
(a) withdraw a DUI plea,
(b) obtain an Order setting aside the DUI conviction,
(c) enter a plea of Not Guilty, and
(d) obtain an Order of dismissal of the accusatory DUI pleading,
via a successful petition to the Court for review of a
San Diego DUI conviction.
The San Diego Court will first look at:
The Court then may allow the petitioner to withdraw his
or plea or finding of guilt or no contest, and thereafter
orders the San Diego DUI case dismissed.
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.
Can employers consider a DUI conviction that has
been expunged (dismissed)?
In most San Diego DUI cases, the answer is NO!
Once your San Diego DUI case is expunged (dismissed), it
is no longer considered a California DUI conviction and
California Labor Code 432.7(a) prohibits employers from
asking an applicant to disclose information concerning a
California DUI arrest or detention that did not result in
California DUI conviction, or information concerning a referral
to, and participation in, any pretrial or posttrial diversion
program, nor shall any employer seek from any source whatsoever,
or utilize, as a factor in determining any condition of
employment including hiring. An employer who intentionally
violates this section can be liable for a misdemeanor, plus
fines, and attorney’s fees. This section does not
apply to criminal justice agencies, health facilities, and
has a few other narrow exceptions.
What does the California Expungement law say?
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..."
(1) The order does not relieve the defendant of the obligation
to disclose the aforementioned conviction in response to
any direct question contained in any questionnaire or application
for public offense, for licensure by an state or local agency,
or for contracting with the California State Lottery.
(2) The order does not permit the defendant to own, possess,
or have custody or control of any firearm capable of being
concealed upon the person, and it does not prevent conviction
of the defendant under California Penal Code section 12021.
What else doesn't a San Diego DUI Expungement do?
Your dismissed San Diego 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 San
Diego Court file?
No. An expungement changes and updates 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.
What happens after my DUI record is expunged by
my San Diego DUI attorney?
You will receive a San Diego court order setting aside your
San Diego DUI conviction and dismissing your San Diego DUI
case. California DUI / Criminal record databases should
be updated to reflect that your San Diego DUI conviction
was set aside and your San Diego DUI case was dismissed.
Your San Diego DUI lawyer will get that for you.
Will the expunged San Diego California DUI show-up
when someone does a background check?
That usually depends on the kind of background check that
is done.
A “hard” search generally involves you authorizing
a government agency to release your records and you providing
fingerprints. This type of search will show that there was
a San Diego DUI court case, a San Diego DUI / charge of
whatever you were charged with, and a dismissal with no
finding of guilt and no San Diego DUI conviction.
A “soft” search, which is often done by most
employers, utilizes a private sector company to search for
convictions. This type of search will in most cases show
nothing at all, in some cases it will show that there was
a court case, a San Diego DUI or charge of whatever you
were convicted of, and a dismissal with no finding of guilt
and no San Diego DUI conviction.
Please note that even in the event of an expungement, both
California DMV and Prosecutors will have access to California
DUI prior records in order to enhance possible penalties
against you should you get another California DUI. Always
consult a San Diego DUI Attorney in these matters.
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.
