Drunk driving is a severe offense under California law. A conviction for drunk driving crimes attracts severe legal penalties and life-changing collateral consequences. In addition to spending time behind bars, having a DUI conviction on your record will impact your ability to obtain employment and professional licenses. This will have a significant impact on your livelihood.
Fortunately, there are several ways through which you can legally avoid the disabilities associated with your conviction. Expunging a criminal record is one of the most common forms of post-conviction relief, and it involves a change of your "guilty" verdict to "not guilty." By filing a petition and attending your expungement hearing, you can convince the court to eliminate your liability toward the conviction.
After an expungement, employers, landlords, and licensing bodies cannot use the conviction against you. The laws around record expungement are complicated. Therefore, having competent legal guidance is critical.
Expunging a Drunk Driving Record in California
An expungement is a post-conviction relief that allows you to avoid the collateral consequences of a DUI conviction. Expunging the conviction involves foiling a petition in court and waiting for the court's decisions. If the court finds it necessary, they will set aside the sentence.
Often, you can petition the court to expunge your DUI conviction if you meet the following criteria:
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You Have Completed your Probation
A probation sentence may be part of the legal penalties for your DUII conviction. In California, probation is an alternative to jail or prison time. Before you receive an expungement of your record, you must have completed your probation successfully. Successful completion of probation means that you have served the probation period.
DUI probation lasts three to five years, depending on the time you have served behind bars. Additionally, you must have followed through with all the probation conditions. Courts impose strict penalties that individuals who receive a state probation sentence must follow throughout the probation period. Probation conditions vary depending on your case circumstances.
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You did not Serve Time in State Prison
Different offenses fall under drunk driving laws. You can be convicted of a felony or misdemeanor drunk driving offense depending on the circumstances of your case and criminal history. For example, a simple first DUI offense is punishable by six months in jail. On the other hand, a conviction for DUI causing injury will attract a state prison sentence.
You must not have served time in prison when filing for an expungement. If you were sent to state prison, it should be for an offense punishable by jail time.
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You are not Facing Criminal Charges
You can only expunge a DUI conviction if you are not currently facing charges for another offense. Additionally, you must not be serving a jail sentence or probation for a different crime.
Early Probation Termination for DUI Expungement
The court will sentence you to misdemeanor probation for a typical DUI conviction. A requirement for an expungement relief in California is probation completion. You can petition the court for early termination if you have not completed your probation. After filing a petition under PC 1203.3, your attorney must convince the prosecution why you deserve the early termination.
The court has the discretion to terminate your probation at any time. However, you must have served at least one year of misdemeanor probation and eighteen months of felony probation. Before terminating your probation, the judge will consider your overall conduct on probation and the prosecution's opinion. Additionally, your probation may be terminated if it gives you hardships.
DUI Expungement Process
Before you begin filing an expungement for your DUI record, you will need to gather documents and information about the offense and conviction you seek to expunge. You will follow this process for your expungement:
Hire a Lawyer
Expunging a DUI criminal record in California is complicated and time-consuming. There are many opportunities for an error, and some mistakes will result in denying your petition. Therefore, it is vital to have a skilled criminal lawyer who understands the process and can help you do it right on the first try.
File the Expungement Petition
When all the correct forms are filled, you can file your expungement petition with the court where the DUI conviction occurred. Depending on the court policies, you can mail or deliver the petition. After filing the petition, you must allow up to fifteen days for the prosecution to review your petition and decide on an objection. Therefore, the timely filing of your petition is critical.
Prepare and Attend your Expungement Hearing
Appearance for an expungement hearing is not mandatory for all cases. Your criminal lawyer will help you prepare. If the prosecution objects to the expungement, the court gives them a chance to provide reasons and evidence why they do not deserve the expungement.
Since there is no jury at an expungement hearing, the judge may consider the following factors when deciding on your petition:
- Your ability to hold a job. Often, a requirement to obtain and retain employment is attached to most release forms, including probation and parole. Therefore, the court will accept your petition if you have a stable job.
- Your criminal history. You have a high chance of receiving an expungement if you do not have additional convictions on your record.
- Whether or not you have completed your community service. You must have served your community service sentence before receiving an expungement of your record.
Depending on your eligibility for the expungement and filing the proper documents, the court can deny or grant the petition to expunge your DUI conviction.
Refile the Petition
If the judge grants your petition, your attorney can help you seal the case to protect it from the public. However, if the judge denies your DUI expungement petition, you can recheck your documents and correct the mistakes before filing another petition in six months.
Common reasons why the court can deny your expungement petition include the following:
- You do not meet the eligibility criteria. The most common reason the judge may deny your expungement petition is that you do not meet the requirements. This could include incomplete probation, probation violation, or you have served a state prison sentence. Before refiling the petition, you must meet the criteria if the reason is correctable.
- Errors in your petition. Before submitting an expungement petition to the court, you must ensure that all the necessary information is filed correctly. This includes the inflation on your arrest, conviction, and probation reports. Incorrect or missing information can be a basis for a petition denial.
- Probation violations. The court could deny your expungement if you violated a serious probation term.
- Outstanding restitution and fines. The court may sentence you to penalties and victim restitution for a DUI conviction. Failure to meet these requirements can cause the expungement to be denied.
Difference Between Expunging and Sealing Your DUI Record
Many people need help understanding the difference between expungement and sealing a record. According to Senate Bill 1203.4, sealing a record is an entirely different process from expunging a conviction. Sealing a record involves destroying the record and removing it from public access.
Unlike an expungement, where the conviction remains on record but cannot be used, a sealed arrest record is only accessible by the court and law enforcement. You may be eligible for a record sealing under the following circumstances:
- You were arrested, but the prosecutor did not file criminal charges against you.
- The court dismissed the charges before trial.
- The jury found you not guilty after trial.
- Your conviction was dismissed or overturned.
- You completed a diversion program or a different entry of judgment.
You can also seal a juvenile record for the same benefits as an adult criminal record. You can seal the juvenile record if:
- You are an adult, and the juvenile court released you at least five years before filing for record sealing.
- You have not been convicted of a moral turpitude crime as an adult. Crimes of moral turpitude involve immoral or dishonest behavior.
- There are no pending litigations based on your juvenile convictions.
A sealed conviction offers more benefits than expunging a criminal conviction. You can truthfully answer when asked about DUI arrests. Additionally, a sealed DUI arrest does not count as a prior if you are arrested for drunk driving in the future.
Fill out the Necessary Paperwork
Before beginning the expungement process, you must fill out different documents using your obtained information. If you have completed your probation, you can complete the petition to dismiss the misdemeanor. In cases where you have not completed your probation and seek an expungement, you can petition the court for an early probation termination.
If you wish to expunge a felony DUI conviction, you must file a petition under Penal Code 17(b)(3) to have the felony reduced to a misdemeanor before you proceed with a request for expungement. The forms you fill out are separate for each offense you want to expunge.
Benefits of Expunging Your Drunk Driving Conviction
Expungement is one of the most common ways to seek relief from the disabilities of your drunk driving conviction. You will enjoy the following benefits after a successful DUI expungement:
- Ease finding employment. A DUI conviction is a public record. Therefore, employers can find the conviction during a routine background check and use it to deny you employment opportunities. This is because drunk driving is reckless behavior, and the employer will not trust you to make safe decisions for others. However, if you expunge the conviction, the employers have no right to use it against you.
- Ease finding a place to live. Landlords check your criminal record before entering a tenancy agreement. If you expunge your DUI conviction, the conviction will not be used to deny you residency.
- Eligibility for a state license. If you are in a profession where a practice license is necessary, including doctors, lawyers, pharmacists, and nurses, a DUI conviction is detrimental to your career. When the licensing body receives notice of your conviction, they may seek to suspend or revoke your license. Additionally, having a DUI on your record makes it challenging to apply for you to obtain a new license. If the court grants you an expungement, you will be eligible for the license and public employment.
- You can act as a witness. When you face a criminal conviction in California, it won't be easy to act as a reliable witness in another court case. The other side of the case can often attack your credibility based on the conviction. An expunged DUI conviction cannot be used to impeach your credibility.
- Personal satisfaction. Most people are not comfortable with having a DUI conviction on their record. The conviction will affect how people view you and how you relate with others. Expunging your conviction will give you a sense of relief and redemption from your past mistakes.
What Will a DUI Expungement not do for You?
Expunging your DUI offers numerous benefits. However, you must understand that this type of relief will not serve the following purposes:
Overturn your Driver's License Suspension
Loss of your driver's license is a severe consequence of a DUI conviction. After your conviction, you can suffer a revocation or suspension by the DMV or the court. Depending on the nature of your charges and your criminal history, a driver's license suspension ranges from six months to five years.
If you are arrested and convicted of commercial DUI, you may lose your commercial driver's license privileges for a lifetime. While expungement eliminates most disabilities of your DUI conviction, your license suspension will not be overturned. You must serve the entire suspension period or obtain a restricted license to continue operating in specific areas.
Decrease in Auto Insurance Rates
Your motor vehicle insurance provider will not take an arrest and conviction for DUI lightly. Often, driving while intoxicated is evidence of our reckless conduct. For this reason, the insurance company may require you to pay more for your insurance coverage or terminate your policy. Expunging your DUI conviction will not help decrease your rates.
Disclosure in Military Service
After expunging your DUI conviction, you are not obliged to mention the conviction to potential employers. Even when the employer finds the record, they cannot legally use it against you. However, you must disclose an expunged conviction when joining the military or law enforcement.
While you can still join the military with the expunged record, you may undergo more scrutiny than a person with a clean record. Failure to disclose a conviction when joining the military can result in a discharge.
Future Arrests
In California, drunk driving is a priorable offense. Therefore, having a DUI or wet recklessness on your record will increase the severity of your charges. The incarceration time, fines, and license suspension period are more for a second, third, and subsequent DUI offense. Expunging a DUI conviction will not bar the court from using the conviction as a prior in future DUI arrests and charges.
Can I Expunge a DUI After Probation Violation?
Completing probation is a significant part of obtaining an expungement for your DUI conviction. Therefore, if you violated your probation. There is a high chance of expungement petition denial. Typical forms of DUI probation violation include:
- Facing criminal charges while on probation.
- You served a prison sentence.
- You tested positive for alcohol or drugs.
- Failure to pay court fines and restitution.
- Failure to install an ignition interlock device on your vehicle.
The court will schedule a hearing to determine your case after a probation violation. The following factors may affect the judge's decision to expunge your record after a probation violation:
- Your overall performance on probation. This may include your ability to follow through with other probation terms.
- The severity of your violation. Probation terms vary in severity. For example, violating probation through committing another crime does not carry the same weight as testing positive for alcohol. More severe violations will compel the judge to deny your expungement.
- Your criminal record. If you are a repeat offender or you have multiple DUI convictions on your record, the judge will use probation violation to deny your PC 1203.4 petition.
- Any positive evidence which shows that you deserve post-conviction relief.
Find a Competent Van Nuys Criminal Defense Lawyer Near Me
A DUI conviction has some of the most severe and life-changing consequences. After you have served your jail sentence and paid your fines, the conviction remains in your record, where it is accessible to potential employers and others who have an interest in your criminal history. You can avoid discrimination based on your DUI conviction by filing a petition to expunge it under California Penal Code 1203.4.
An expungement process begins by checking for eligibility and filing a petition in court where you were convicted. Although an expunged record still appears on your record, it carries less weight. If you want to be free of the disabilities of your conviction, seeking expungement is one of the easiest ways to obtain relief.
However, expunging a DUI conviction is a lengthy process that requires numerous paperwork and court appearances. Therefore, seeking the expert guidance of a criminal lawyer is essential. At Leah Legal, we offer competent legal advice and representation to all our clients undergoing the expungement process in Van Nuys, CA. Call us today at 818-484-1100 to discuss the details of your case.