Can DUIs Be Expunged from My Criminal Record in California?Nov 07, 2018 by Criminal Defense, DUI in
If you’ve been convicted of driving under the influence (DUI), there is a long list of possible consequences you can face. Having a DUI on your record can affect your life even after you pay your debt to society. Driving under the influence may show up on a background check, making it harder for you to get a job. In addition, the penalties for any future offenses you commit will be more severe with a DUI on your record. In some cases, you may be able to expunge a DUI from your record. This essentially means it will remain hidden from anyone who views your criminal record. In certain situations, DUI expungement is permitted under California law.
If you’re facing criminal charges for drinking and driving, the first step you should take is to contact a DUI attorney. Michael McKneely, Criminal Defense Lawyer is a valuable facing a DUI conviction in the Fresno area. He will handle your case in a professional and competent matter. Fill out the online form, or call (559) 443-7442 to schedule a free case consultation today.
Criteria For Expungement of a DUI in California
California Penal Code authorizes DUI expungement if you meet certain criteria. Depending on the circumstances of your case, a DUI is classified as either a misdemeanor or a felony. You may expunge a DUI regardless of its classification. In order to be eligible for expungement, you must have completed your probation, and either:
- Served no time in a state prison for the offense
- Served time in a state prison that would have been served in county jail after the introduction of Proposition 47.
Once these criteria have been satisfied, you may petition the court to have your DUI expunged from your record.
Petition the Court For Expungement
In order to petition a court for expungement of your DUI, you will first need to get a copy of your criminal record. Next, you’ll have to download and fill out the California Petition for Dismissal. If your conviction was a felony, you will need to fill out another petition to reduce your charge to a misdemeanor. Your petition(s) and a copy of your criminal record must then be filed in the county where you were convicted. Once you’ve submitted this paperwork, a judge will review the petition and determine whether or not your expungement will be granted. The specifics of these hearings change from case to case, but you will have to show some evidence of rehabilitation.
What Expunging a DUI Does Not Do
DUI expungement does not mean your record is wiped clean. If the judge grants your petition, it changes the outcome of the case. If you entered a guilty or no contest plea, it will be withdrawn and replaced with a plea of not guilty. If you were found guilty at a trial, the judge will set aside the verdict.
Expungement of a DUI also does not overturn the suspension of your license. In most cases, this is not a problem, since probation usually lasts longer than the standard license revocation. In the rare instance that your probation is over before your license suspension, having your DUI expunged will not return your license.
Call Us Today for Help with Your DUI Expungement
Talking to a DUI lawyer is a great way to minimize the confusion that surrounds your case. Contact Michael McKneely, Criminal Defense Lawyer, to ease the process of facing a DUI charge. We will guide you through each aspect of your case – including potential penalties, possible defenses, and expungement. To learn more about how we can help, contact us today at (559) 443-7442.