EXPUNGEMENT

Under California Law, offenders convicted of driving under the influence (DUI) can withdraw a guilty or no contest plea after they have successfully completed probation and they can move to have the convictions expunged from their criminal records.  In order for an offender to qualify for expungement, certain conditions will need to be met first.  First, as mentioned above, the offender should no longer be on probation.  Second, all fines, fees, and any restitution ordered to be paid by the court must be paid.  In addition, the offender must not have violated any terms of probation. Also, the offender must not have been arrested and convicted for another crime within one year from the date of the DUI conviction.    

The Expungement Process

Once all conditions are met, convicted offenders may move to petition the court for expungement.  The petition must be prepared and filed in proper legal form and must be served on applicable agencies as outlined by the law.  The legal process for expunging a conviction is quite complex and there are various procedures that need to be followed before the court will grant the relief sought.  For most misdemeanor convictions, the expungement process will take anywhere from two to six weeks from the date application is made with the court.  In order for felony convictions to be expunged, other requirements will need to be met that include getting the felony reduced to a misdemeanor.  This process can take several weeks.  It is important to note that some felony convictions can not be expunged.

Once a petition for expungement is granted, convicted offenders can, in most instances, state that they have not been convicted of a crime.  However, an expungement under California’s Penal Code Section §1203.4 does not entirely rid a convicted offender of all potential adverse consequences of the DUI conviction.  In certain circumstances, the convicted offender is still obligated to reveal the conviction.  For instance, upon completing an application or questionnaire for a public office or for licensure by any state or local agency, if directly asked whether or not one has been convicted of a crime, then one must answer honestly. 

Help Getting your Criminal Record Expunged!

It is always best to have on your side an experienced and knowledgeable Orange County DUI attorney who has handled expungements.  The complexities involved in getting your criminal conviction expunged can be daunting.  As experienced Orange County DUI attorneys, we can provide you with the guidance and expertise you need to get your conviction expunged when applicable. 

We offer free Orange County criminal case reviews.   Contact us today and start living without a DUI conviction on your record!