Receiving a DUI (driving while under the influence) can be an embarrassing and stressful time. The State of California allows misdemeanor DUIs to be expunged from your criminal record completely, and a felony DUI to be reduced to a misdemeanor, as long as you are able to complete some very specific requirements.
An expungement, also known as a dismissal, is a post-conviction process in which an individual already convicted of an offense withdraws their guilty plea and then the charges against them are dismissed. You will even be able to deny under oath without any penalty of perjury that you were not convicted of that particular criminal offense.
If you have been convicted of a DUI, California law allows you to apply for an expungement of your conviction if you:
If you are currently on probation, you will have to wait until the probation is completed to apply for an expungement. If you were never placed on any probation, you may apply for an expungement of the crime from your record one year after your conviction.
There are many benefits to receiving an expungement of your DUI offense. You will be able to tell employers that you were never convicted of a crime. You may become eligible again for certain professional licenses. You can state under oath that you were never convicted of any crime or DUI. You may apply for a change in immigrant status without the fear of a criminal offense on your record. You can undergo a background check without fear that a criminal charge will appear.
While an expungement will not overturn a driver’s license suspension or revocation, it will help you with other life issues such as obtaining employment.
After completion of probation, you may petition the court to expunge the record of your conviction. The judge will review the petition and if they determine that the petition should be granted, they will either:
The case will then be dismissed.
California has strict and harsh penalties for driving under the influence of alcohol. However, you may be eligible to petition for an expungement of your DUI conviction. For more information to determine if you are eligible for an expungement of your DUI conviction in California and help pursuing this option, contact our team of experienced DUI lawyers today at the Law Offices of Christopher J. McCann. You may schedule a consultation by calling 888-360-4256.