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Can an Orange County DUI Be Pardoned?

If you were arrested for driving under the influence (DUI) in Orange County and you were convicted, it may have dawned on you that the effects of a DUI can not only be far-reaching, but they can be a real headache. A DUI can make several aspects of your life more difficult and here’s some examples of how:

  • You gain a criminal record.
  • The DUI remains on your criminal record indefinitely.
  • The DUI is reported on your driving record for 10 years.
  • You have to come up with money for all DUI-related costs.
  • It can damage your credit if you don’t have the reserves to pay all of the DUI-related costs.
  • It can affect a child custody case.
  • It can mean that you will be denied a professional license.
  • It can affect college applications.
  • It can affect college scholarships.
  • It causes auto insurance premiums to skyrocket.
  • It can mean that you get passed over for job offers.
  • It will show up on background checks.
  • A DUI can mean you’re denied security clearance.
  • You can be barred from travelling to Canada for many years.

Depending on your industry; for example, if you’re a doctor, a taxi cab driver, or a teacher, a DUI can have a negative effect on your career. For this reason, some DUI defendants want to know if they can get a pardon for their DUI. Is getting a pardon even an option?

What You’re Looking for is an ‘Expungement’

Pardons are for state prison parole cases, and they’re rarely granted. What someone would be looking for in this scenario is an expungement. In order to expunge your DUI: 1) all of your fines must be paid, 2) you must be off probation, 3) there can’t be any pending cases, and 4) there cannot be any probation violations.

Providing the above requirements are met, you would want your attorney to file a PC1203.4 Petition for Dismissal. Essentially, you want to file a motion for early termination of probation while simultaneously filing a 1203.4 petition to get the case dismissed.

Benefits of an Expungement

While there will still be a record of the DUI arrest, you will no longer have a DUI conviction if your petition is granted. However, if you are arrested for DUI within 10 years of the earlier arrest, the earlier DUI would still be counted as a “priorable” offense for the purpose of sentence enhancements, even if it was successfully expunged from your record.

If you’re interested in petitioning for an expungement of your DUI, or fighting your DUI charges, contact an Orange County DUI attorney from our firm!