Legal•Info

How Can I Expunge My DUI in California?

Posted: Tuesday, October 9th, 2018 at 5:42 pm

Expunging your record is like getting the opportunity to have a legal do-over. Getting an expungement can release you from some of the long-term negative consequences of being convicted of a DUI in California. However, in order to get an expungement, you must meet certain eligibility requirements. For some people, the expungement itself may not be worth going through the process. For others, the expungement can be a new lease on life. You should consult with your attorney to make sure that expungement is the right option for you, but here are the basics.

Eligibility

In order to be eligible to expunge a California DUI from your record, you must have been convicted of a California misdemeanor or felony DUI. Secondly, you must successfully complete your probation. Thirdly, if you served any time in state prison for the offense you will not be eligible to expunge your record. However, if you would have been able to avoid state prison had Proposition 47 in past at the time of your convictions, you may also be eligible. To alleviate overcrowding, California passed Proposition 47, which sent certain classes of prisoners, usually non-violent drug offenses, to county jails from the state jails. If you were in a state prison for a drug-related offense but it was prior to the passage of Proposition 47, you might still be eligible to expunge your DUI in California.

Process

First, you have to complete your probation. This is not optional. Then, you have to petition the court to expunge your DUI from the record. A judge will review the conditions of your case and your request and will either grant or deny you a petition for expungement. A person who is convicted but has their record expunged and is granted that expungement will withdraw their guilty or no contest plea. If you were found guilty by jury or bench trial, the judge will set aside the verdict in your case and dismiss it. While the process seems simple, it’s still important to go to the process with legal representation as only a qualified DUI attorney can help you navigate the subtleties of the legal system and obtain the best possible outcome.

Benefits of Expungement

There are many benefits of expungement. For one thing, you’ll have an easier time securing a job. This is particularly true if the job you wanted has to do with transportation or requires driving. Secondly, having a clean record when people search your background is always a good thing. Thirdly, you won’t have to wait multiple years in order to clear your record. And finally, it could be easier to obtain car loans, car insurance, and other similar financial securities. While expungement is not for everybody, it does often provide benefits that outweigh the inconvenience of the process.

It’s important to consult with an attorney anytime you’re going to go through it legal process. The legal system is intentionally vague, ambiguous, and difficult to navigate for the average citizen. Only a qualified legal professional can help you attain the most beneficial results. Make sure to hire an experienced California DUI attorney so that you have the best chance expunging your DUI conviction. Get a consultation today and take the first step on the road towards protecting your freedom and future.

 

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