DUI Expungements in Orange County
Interested in clearing your criminal record?
The process of DUI expungement can accomplish a clearing of your criminal
record. In California, there are three types of expungements available
to qualifying individuals. Wondering which type of expungement is right
for you? The type of expungement you may be able to utilize will differ
depending on the type of crime you were convicted of as well as the terms
of your sentencing. An Orange County DUI lawyer from our firm will be
able to walk you through your case and tell you what type of expungement
you might be entitled to. There are many advantages to having your past
DUI convictions sealed from your criminal record. This could be your chance
at a fresh start. If you are interested, continue reading to learn if
What types of expungements are available?
In the state of California, the penal code allows for three distinct types
of record sealing:
California Penal Code § 1203.4: This statute makes it possible for those who have been convicted of DUI
and sentenced with probation to expunge their conviction.
California Penal Code § 1203.4a: This statute makes it possible for those who have been convicted of DUI
and their sentencing did not involve probation to expunge their conviction.
California Penal Code § 17: According to this statute, those who have been convicted of felony DUI
may be able to get this conviction reduced to a misdemeanor, and then
that misdemeanor dismissed.
The Benefits of Expungement
While there are many benefits to expungement, there are certain things
that record sealing cannot accomplish. For example, a conviction can be
expunged from your criminal record, but it still remains in your history
in some respect. What this means is that your conviction will still show
up, but it will appear as expunged. This will notify all who view your
criminal history that your arrest did not ultimately end in a conviction,
because expungement essentially reopens your case and dismissed your conviction.
It is also important to note, particularly for DUI expungements, that the
DMV still needs to know of your prior DUI offenses, even if they were
expunged. This is because the DMV can still use expunged convictions to
suspend or revoke your driving privileges. This is because license revocation
is an administrative penalty of DUI, while expungement deals with the
criminal aspect of a DUI conviction.
There are actually many employment benefits to getting a DUI expunged from
your record. However, if driving is a main function of your job, such
as it is with commercial truckers, a DUI expungement may not prevent you
from losing your CDL (commercial driver's license) and possibly your
job. For all private sector jobs, employers are not allowed to ask employees
about arrests that did not end in conviction and if you are applying for
employment, you do not have to answer "yes" to the question
"Have you ever been convicted of a crime?"
Do I qualify for expungement?
You may be able to qualify for expungement if you meet the following criteria:
- You meet all the guidelines laid out in the section of the penal code that
describes the expungement you are trying to obtain.
- You can only petition for expungement if one year has passed since your
- You must have completed all the terms of your sentencing before you can
petition for expungement. This includes all DMV hearings, fines and fees.
Contacting an Orange County DUI Attorney
If you believe that you might qualify for DUI expungement, please do not
hesitate to contact The Law Offices of Virginia L. Landry today. Our skilled
attorneys can walk you through your case and help you determine the best
recourse after a conviction. Record sealing could be your chance at a
fresh start after your DUI conviction. To learn more, please call us today
and receive a
free case evaluation.