Westminster DUI Expungements Lawyer
It is illegal throughout the United States to drive under the influence (DUI) of alcohol or drugs. This criminal offense carries severe penalties in California, and a criminal record of DUI conviction can cause personal and professional problems for the offender for years to come. The penalties of a DUI can include fines, jail time, driver’s license suspension, and personal and professional consequences that can last for years. Fortunately, it is sometimes possible to have a DUI conviction expunged with the help of a Westminster DUI expungements attorney.
At the Law Offices of Christopher J. McCann, APC, we know that a DUI conviction can haunt you for years. If you are committed to preventing such incidents from happening again in the future, securing an expungement can effectively clear your name, preventing your DUI conviction from interfering with your future plans. A Westminster DUI expungements lawyer can help you navigate the expungement process set forth by California state law.
Potential Penalties for DUI Conviction in California
Like most other states, California requires increasingly severe penalties for multiple DUI offenses. A first-time DUI conviction will likely lead to fines, driver’s license suspension, and possibly even jail time. In most cases, judges are willing to require probation in lieu of jail time for those who did not hurt or kill anyone due to their DUI offense.
A second DUI offense will lead to increased penalties, and penalties will continue to escalate with multiple offenses. Depending on the nature of the subsequent offenses, an offender with multiple DUI convictions will likely face felony charges, long-term incarceration, and substantial fines. Eventually, they may lose driving privileges entirely.
These legal penalties are difficult for anyone to handle, and many people convicted of DUI, and the expungement process allows them to potentially clear their record so their past mistake does not interfere with their future opportunities.
Do DUIs Ever Go Off Your Record?
Expungement can potentially remove a DUI conviction from your record. Once obtained, your expungement allows you to legally claim under oath and penalty of perjury that you were not convicted. While this may seem like it would effectively remove the DUI from your record completely, this is not entirely true. While expungement can remove the record of your conviction from the general public’s access, the record of your conviction will still appear in the FBI criminal database and certain other databases. You will be required to disclose your expunged DUI if you intend to pursue any employment with the government.
It is also vital to remember that when you are convicted of DUI, you will likely have your driver’s license suspended. However, the Department of Motor Vehicles will still place an administrative suspension on your license that functions separately. Should you have your record expunged and commit another DUI, this suspension will be reinstated or extended.
How Can I Get My Life Back After a DUI?
A DUI conviction can be an incredibly challenging experience, but it is vital to remember that the harsh penalties in place for a DUI conviction exist to discourage these actions. If you have made a mistake and never intend to drive impaired again, expungement offers one of the best ways to clear your record so the incident does not cause further problems in the future.
If you were convicted of a felony DUI, or your DUI incident involved serious injury or death to another person, consult our firm. It is unlikely that you will be able to qualify for expungement under California law. Consult with a reliable Westminster DUI expungements lawyer as soon as possible in this situation to determine whether expungement is at all possible.
How Soon Can You Expunge a DUI?
An experienced Westminster DUI expungements lawyer is your best available asset if you are concerned about the future implications a DUI conviction can have on your life. The soonest you could possibly obtain an expungement is as soon as your probation sentence expires. A good attorney can potentially file your Petition for Dismissal while you wait for your probation period to expire.
Can You Get a Job With an Expunged Record?
DUI conviction can cause problems beyond the initial penalties. You can lose standing in your community, face criticism from neighbors and even relatives, and potentially face professional consequences or find yourself unable to apply for certain jobs. Expungement can potentially help you avoid these repercussions so long as you remain committed to never repeating your mistake.
California recently enacted a new law that prevents employers from conducting criminal background checks on job applicants until an employer has formally offered a job to the applicant. Expungement can prevent a DUI conviction from interfering with your ability to obtain the employment you seek in California. If you do not work with a Westminster DUI expungements attorney, your DUI conviction can remain on your record for up to ten years.
Why Should I Hire an Attorney?
Fulfilling the requirements for expungement are relatively simple in California:
- You must complete all terms of your sentence. Once convicted, you will be sentenced under California state law and must complete each element of your sentence before you can qualify for expungement.
- You must have been a citizen in good standing for the past year. If you commit any other criminal offense in the year following your DUI conviction, you will be ineligible for expungement.
- You must complete your probation term or petition for early release from probation. If you have completed at least half of your probation period, your Westminster DUI expungements attorney can help you file a petition for dismissal.
- Upon submission of your Petition for Dismissal, you must provide the court with a written statement explaining the steps you have taken since your conviction, why you believe you are deserving of DUI conviction expungement, and an explanation as to why the expungement would be beneficial for you and your family.
Though this process may seem straightforward, any mistakes could lead to significant delays in the processing of your expungement request. In the event you would need to contest a denial of your expungement due to a mistake with your paperwork, you will need to hire an attorney to file a Petition for Reconsideration.
If you hired a defense attorney to represent you in your DUI case, it makes sense to choose a Westminster DUI expungements attorney to assist you in the legal processes of clearing your record. Your attorney can help you streamline the entire process by ensuring all forms and paperwork submitted to the court are complete and accurate, dramatically reducing the time and effort required to secure an expungement of your DUI conviction record.
What to Expect from Your DUI Conviction Expungement Petition
A Westminster DUI expungements attorney is your best available resource if you want to remove a past DUI conviction from your record. Your legal team will help you gather the documentation you need to submit to the court and assist you through every phase of your expungement proceedings. Once you have completed the prerequisites for DUI conviction expungement, your attorney will help you file your Petition of Dismissal to start the expungement process.
When it comes to your written statement, this is one of the most important components of your expungement process. It is essential to be honest and clear while you make a strong case for your eligibility for expungement. Again, your Westminster DUI expungements lawyer is your best resource in this situation. Your legal advocate can help you draft a complete and compelling statement that clearly demonstrates why an expungement is appropriate for your situation.
If you have not completed your probationary period, your attorney can still file your Petition while you finish probation. They may request an early termination of your probation so expungement can proceed. Your legal team will also need to coordinate with your probation office since they must provide the probation office and the prosecutorial team responsible for your case with your expungement documents and allow them the opportunity to contest. If there is no contest, the California court will likely grant your Petition for Dismissal and expunge your DUI conviction from your record.
Find Legal Counsel Today
Navigating any legal case without representation is extremely difficult. While the expungement process may seem simple enough at first, the reality is that anyone can struggle to meet the court’s requirements without the help of an attorney. Making a mistake during this process can be costly. Instead of risking these things as you try to clear your record and enable a better future for yourself, speak with a Westminster DUI expungements lawyer as soon as possible to determine the best approach to your situation.
At the Law Offices of Christopher J. McCann, APC, we understand how much DUI conviction expungement means to you. Our goal is to provide the defense representation you need to see this process through to a successful result. If you are ready to consult with a Westminster DUI expungements attorney about your situation, contact us today to find out how our team can help you.