If you have a DUI conviction on your record, you are likely affected by its presence on a personal and professional level. There are, however, some steps you can take to mitigate the effects of a DUI conviction. DUIs can not only be seen on your driving record at the DMV and by law enforcement, but they will also show up on your criminal record as either a misdemeanor or a felony.
Fortunately, California law provides an opportunity to erase the record of your past mistake through an expungement, if certain conditions are met. Beginning this process requires you to take action and apply for an expungement when you become eligible. Working with an experienced DUI defense attorney to help you navigate this process can be invaluable to your future.
What is an expungement?
A DUI expungement keeps a past DUI arrest or criminal conviction sealed or hidden from the eyes of the public. An expungement essentially means that the event can no longer be seen by the public and will not be shown on your public or criminal record. An expungement also allows you to deny the conviction in any circumstance, including to an employer, rental agreement or under oath without penalty of law.
However, an expungement does not entirely disappear. The conviction will still be visible to law enforcement and any federal or state entities that have a reason to know. So, while your conviction is secured from the eyes of the public, it may still affect the ruling in a future conviction and may affect employment as a government official. In addition to this, car insurance rates will not be lowered with an expungement.
How do I know if I can expunge a DUI conviction?
There are several conditions required to be eligible for a DUI expungement. These include:
- You have served no state prison time associated with the DUI.
- All requirements of your sentence have been completed, probation included.
- One year has passed since your DUI conviction, if you have no probation time.
- There are no other criminal convictions on your record.
You are not eligible for an expungement if you were convicted of a sex offense against a child or if you were sent to California state prison. If you are unsure about your DUI expungement eligibility, we are here to help. We can work with you by reviewing your case to see if you meet the requirements.
What’s the process?
It is advisable to hire a lawyer to help you through the expungement process and ensure the right paperwork is filed in the correct manner. Generally speaking, the process involves requesting your probation be terminated early, if you are under probation, and filing a petition for the expungement that includes an addendum proving you have no other criminal convictions on your record. Upon review, you will receive an Order of Dismissal, if your petition is accepted.
A Trusted Legal Team Behind You
When you make the first step toward an expungement with the Law offices of Christopher J. McCann, we will review your case and discuss your unique circumstances with you to ensure you have the quickest and cleanest expungement process. Over a decade of work and dedication to DUI case representation makes the Law offices of Christopher J. McCann an easy and reliable choice. We are here to help and dedicated to making your life as smooth as possible.