In the state of California, if there is an old DUI conviction on your record, you may be eligible to have that conviction expunged. What is the expungement process for a driving under the influence conviction in this state? Which DUI offenders meet the eligibility requirements? Can an Orange County DUI attorney help?
For how long does a California DUI conviction remain on your record? In most cases, a driving under the influence conviction stays on your driving record for ten years, but it remains permanently on your criminal record, unless you are able to have the conviction expunged.
CAN EXPUNGEMENT HELP YOU WITH YOUR CAREER GOALS?
For a number of jobs and for most professional licenses in this state, you must disclose your full criminal record, so a conviction for driving under the influence can be quite detrimental to your career goals.
That’s why expunging an old driving under the influence conviction might be the best “career move” that you can make.
In California – like most states – DUI is not simply a traffic violation. It’s a crime. In most cases, DUI convictions in California are misdemeanor convictions. If you have a felony conviction for DUI, that conviction will be more difficult to expunge than a misdemeanor.
But if you satisfy the requirements, most DUI misdemeanors can be expunged – that is, effectively eliminated from your criminal record – with some help from an experienced Orange County DUI attorney.
WHAT ARE THE REQUIREMENTS FOR EXPUNGING A DUI CONVICTION?
In the state of California, you may be able to have a driving under the influence conviction expunged if you:
1. are not now charged with any other crime
2. were not sentenced to time in a state prison for the conviction you seek to expunge
3. have served all of the penalties and have complied with all other orders of the court
If you can satisfy these requirements, a DUI lawyer can help you expunge a misdemeanor DUI conviction. The prosecutor’s office may or may not argue against the expungement, but if your expungement is contested, your lawyer will contend on your behalf at the expungement hearing.
WHAT IF YOUR DUI CONVICTION IS A FELONY CONVICTION?
It takes an additional step to have a felony DUI conviction expunged. First, you must have the felony charge reduced to a misdemeanor.
Your DUI attorney will be able to help you with that process as well, unless you served time in a California state prison for the DUI felony conviction. Convictions that result in prison sentences cannot be expunged in this state.
The expungement of a DUI conviction allows you to tell employers that you have no driving under the influence convictions. Employers in California may not use an expunged driving under the influence conviction as a reason to terminate or as a reason to refuse to hire you.
HOW CAN A DUI ATTORNEY HELP YOU WITH EXPUNGEMENT?
What you must have is a knowledgeable and experienced DUI lawyer’s assistance from the start of the expungement process. The legal paperwork in the expungement procedure can be overwhelming, but it must be completed thoroughly and accurately.
Any misunderstandings or mistakes in the paperwork could slow down the expungement procedure or even mean the denial of your expungement request, but a good California DUI lawyer can ensure that your paperwork is accurate – and help you avoid any unnecessary delays.
If you pled guilty or no contest to a misdemeanor driving under the influence charge in this state, you may start the expungement procedure one year from the date when you entered the plea.
IF YOU VIOLATED PROBATION, CAN YOUR DUI CONVICTION BE EXPUNGED?
However, the successful completion of probation is a requirement for the expungement of a DUI conviction. If there was a probation violation, but the probation was later completed successfully, an expungement may or may not be approved, and the court will carefully scrutinize the request.
Expunging a driving under the influence conviction can open doors and career opportunities. Expungement seals your DUI conviction permanently from employers, landlords, licensing boards, creditors, and anyone else who may be checking into your background.
DOES YOUR DUI CONVICTION COMPLETELY DISAPPEAR?
However, an expunged DUI conviction can still be seen by a judge and will be considered a “prior” if you are charged again with driving under the influence within ten years of that conviction.
The expungement of a conviction for DUI in California does not grant or restore the ability to own a firearm, and it does not restore the offender’s driving privileges.
California does not grant automatic expungement requests for driving under the influence convictions. An expungement is supposed to be a sign that you have learned from your experience and that you are now abiding by the law.
WHY NOT ACT NOW?
If you qualify for the expungement of your DUI conviction, there is no reason why you shouldn’t begin the expungement process now.
Don’t let something from years ago keep you from landing the job – or obtaining the professional license – that you need today. Expungement gives you a chance to leave the past behind and to move forward – positively and constructively – with your life.
It is not difficult to get a DUI conviction in California. Driving under the influence is the most commonly-charged crime in the state. Every year, over 150,000 California motorists are arrested and charged with driving under the influence.
So, an Orange County DUI attorney will have plenty of experience helping clients with their expungement requests. You do not have to worry about your DUI attorney not being familiar with the expungement procedure.
WHY IS A GOOD ATTORNEY’S HELP SO IMPERATIVE?
If there’s no reason for a driving under the influence conviction to remain on your record, expunge it right away with an attorney’s help. Here in California, that is your right.
If there’s an old DUI conviction lingering on your criminal record, contact a DUI lawyer, and start the expungement procedure – and your new future – right now.
Every DUI case – and every conviction – is different. If you are arrested for DUI in Orange County or anywhere else in southern California, seek a DUI defense attorney’s help at once.
When you’re charged with driving under the influence, a good lawyer can make all the difference.