DUI Expungement Under California Penal Code Section 1203.4
Many convicted DUI drivers believe their criminal records will remain with them forever. However, there are several types of post-conviction relief available that reduce or eliminate the consequences of having a drunk-driving-related criminal record. One such option is expungement. A California attorney with experience clearing DUI convictions can review each individual case to determine whether expungement is an option.
Only certain convictions can be expunged. Factors to consider are:
- whether the offender was a juvenile or an adult at the time of conviction;
- whether the conviction was for a misdemeanor or a felony;
- whether probation was granted;
- and whether a term in state prison was mandated.
If your petition to expunge the conviction is granted, ou are allowed to withdraw the previous plea of Guilty or No Contest and submit a plea of Not Guilty. If your were found guilty by a jury, that judgment is set aside. Once an expungement is granted, the court will notify the Department of Justice, to ensure you obtain the full benefit of the dismissal.
Expungements will not be granted if you are currently serving a sentence for another crime, have a pending criminal charge, have a warrant for his or her arrest, or are still on probation for the convictionyou wish expunged. However, an experienced criminal defense lawyer can petition the court to terminate probation early so that a convicted DUI driver can benefit from post-conviction relief.
In order to terminate probation early, the court must determine your good conduct and reform justify the action, and that the interests of justice would be served by early termination. Your attorney must submit a request to modify probation to the court where the original conviction took place. The court will not grant early termination of probation if all fines and restitution are not paid in full.
There are numerous benefits to expungement. Once convictions are expunged, job applicants are not required to reveal their criminal records. Even when a criminal conviction must be revealed, such as in professional licensing applications or jobs in the public sector, the criminal record will be updated to show that the conviction has been replaced by a dismissal.
Expungement is not available in every case, but post-conviction relief can be achieved in some instances. An attorney experienced in obtaining post-conviction relief will evaluate each case to determine whether expungement may be possible.