How to Expunge a DUI

What does Expungement mean?

To get a DUI erased from your record is possible in many states. The process to do this will be different from state to state. There are attorneys that specialize in expunging criminal convictions, but they charge a lot of money. Contact your area court house or public defender to insure you are eligible, and what steps need to be taken for your case and state. A clean slate can mean a big difference in your quality of life.

Let’s look at California as an example of how to expunge a DUI conviction from your public record. If the conviction is a misdemeanor,
the use of Penal Code Section 1203.4 if probation was ordered, if no probation was ordered, Penal Code 1203.4a is used. Felony convictions with probation, uses Penal Code Section 1203.4 for possible elimination, while “wobbler” or crimes that can be either misdemeanor or felony, should be reduced using Penal Code Section 17 (b).

If probation is not granted and you served a sentence of more than one year in a California State Prison, a Certificate of Rehabilitation and Pardon Application must be filed. Alternately, a Direct Application for Pardon with the Governor can be submitted. This too can be done without an experienced criminal defense attorney to liaison with the courts on your behalf. The information line of the court house will help you with steps you will need to take.

Depending on the circumstances, other reprieve may be available. If you are in fact innocent, a Finding of Factual Innocence pursuant to California Penal Code Section 851.8 will be filed. A juvenile conviction can receive a Sealing and Destruction of Juvenile Criminal Records can be filed. The relief available will depend on many factors and facts of your individual case. Communication with the local court house will insure the proper steps are taken. There are many variables that will affect your case, these include, the type of sentence and conviction, residential status, probation term fulfillment, and any and all current charges and convictions,
just to name a few.

What to do before filing the necessary paper work

There are a number of things you will need to know to verify your eligibility for erase. Be prepared to answer all of them,
truthfully, and the process will go smoothly. The judge will need to know what you were charged and convicted of; When you were convicted, what jurisdiction, sentence length and type, have you completed sentencing  requirements in a timely manner, have you
violated probation or parole and are you currently on probation or parole. The judge will also need to know if you are currently facing charges, and finally, why do you need your charges and expunge a DUI. Be prepared with any court correspondence you may have including the case number of your case.

These are just guidelines for making the process a smooth one. If you do not have any of this information, make a phone call to the
court house and they should be able to assist you in obtaining copies of the necessary documentation. Should your case be a misdemeanor conviction, and all of the conditions and terms are satisfied, and there are no new charges or
convictions pending, removal is promising.

Will I need to mention my arrest on a job application?

The biggest benefit of getting a DUI expunged does not have to report the conviction on a job application.  A key term of California Penal Code Section 1203.4 expungement of DUI misdemeanor and felonies that probation was granted provides that the Petitioner shall “be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.” While this
does grant some relief, it also states it “does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery.” Once convictions expungement is obtained, it is not required to be reported to a private employer.

Who is eligible to expunge?

Anyone who is convicted and has met all the requirements of the sentence is eligible for elimination. Once all the sentence terms are met, and proper paper work is filed, getting a DUI expunged will then go through the court system where the judge will give a final decision. The sooner it is started, the sooner it will be done. Expungement can mean the difference between getting a great job, and not getting a job at all.

Removal should be explored when convicted of a DUI. The rules for expungement vary from state to state. Contact your local court house for the necessary steps and paper work required in your state. It is worth the time and effort to remove this blemish from your public record.

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