You Could Be Eligible to Have Your DUI Conviction Expunged: Learn How

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You Could Be Eligible to Have Your DUI Conviction Expunged: Learn How

November 7, 2018

You Could Be Eligible to Have Your DUI Conviction Expunged: Learn How

Having a DUI conviction on your record can cause a number of problems. It can show up on a background check, which makes it harder to find employment, harder to get a professional license, and harder to be approved for sensitive positions. If you are charged with a DUI in the future, you will likely face more significant consequences.

The good news is that you may be eligible to have your DUI expunged from your criminal record. In short, this means that it will not be seen if someone searches your criminal background. The bad news is that not all situations allow for an expungement. If you want to know if your case may count, then read on to for general advice. If you want personalized advice, contact The Mattern Law Firm at 310-342-8254.

The requirements for DUI expungement in California

In California, a DUI is wobbler case, which means it can be charged as a misdemeanor or a felony. Some people assume that only misdemeanors can be expunged but either one can be expunged if it means certain qualifications. The first is that you must have completed the terms of your probation.

The other requirements are that you either did not serve time in state prison, or, if you did serve time in prison, it would have been served in a county jail post-Prop 47. If you are not sure if you qualify this requirement, contact us at 310-342-8254 to learn more.

The process of expunging your DUI

If you meet the requirements and want to expunge your DUI, the first thing you can do is get a copy of your criminal record. Then download and complete a form known as the California Petition for Dismissal. If you were convicted of felony DUI, then you will need to fill out another form that effectively reduces the change to a misdemeanor.

You will then take your petition or petitions, along with the copy of your criminal record, to be filed in the county in which you were convicted. A judge will review the petition and determine if your case warrants an expungement. The specifics of how these hearings are handled will vary on a case by case basis, but generally you will need to provide evidence that you have been rehabilitated in some way.

Do not expect expungement to erase the entirety of your past

If you are granted an expungement, a guilty or no contest plea will be withdrawn and replaced with a plea of not guilty. If you went to trial, then your guilty verdict will be set aside. If your licenses is still suspended, expungement will not affect that. Most of the time probation lasts longer than a license suspension but if that is not the case for you then you will have to deal with that separately.

If you are believe you are eligible to have your DUI expungement then we welcome your call to The Mattern Law Firm at 310-342-8254 for a consultation.

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