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DUI Expungement Lawyer 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. Get started by contacting our DUI attorney today.
Can DUIs Be Expunged in 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: Per 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
One of the advantages of having an expunged record includes the opportunity to note that you have never been convicted of a crime on an employment application. 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?" if successfully expunged.
Early Termination of Probation
You may also be able to get your probation terminated earlier than expected. After a DUI conviction, you could be placed on probation for up to five years. If you qualify and have the right representation on your side, you may be able to get your probation terminated after just 18 months.
When Do DUIs Still Show Up After Expungement?
However, there are some exceptions:
- If you work for any government agency or in a state licensed field, you will be required to disclose the conviction in the application in spite of the expungement.
- 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.
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. License revocations are an administrative penalty of DUI, while expungement deals with the criminal aspect of a DUI conviction.
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 in various databases, 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 then dismisses your conviction.
Do I Qualify for Expungement?
If you have been convicted of a DUI, you may file a petition for dismissal of your DUI conviction after you have successfully completed all terms of your probation. There are no guarantees that the request will be granted as this decision is discretionary with the judge. There is a higher probability of having the DUI conviction expunged if you have no further criminal court cases.
You may be able to qualify 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 conviction.
- You must have completed all the terms of your sentencing before you can petition for expungement. This includes all DMV hearings, fines and fees.
Call (949) 537-2202 for More Information on Expunging a DUI
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 DUI attorneys in Orange County 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.