San Francisco DUI Lawyer DMV Hearing and License Suspension

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  • Expungement
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Expungement

California drivers with Driving Under the Influence (DUI), or Driving While Intoxicated (DWI) convictions often believe that their criminal records will haunt them throughout their lives. However, in California, there are several types of post-conviction relief available that reduce the consequences of having a DUI criminal record. One such option is expungement. A California criminal defense lawyer who focuses on clearing DUI convictions can determine whether expungement is an option in each individual case.

Only certain convictions are eligible for expungement. The availability of post-conviction relief depends on whether the offender was a juvenile or an adult; whether the conviction was for a misdemeanor or a felony; whether probation was granted; and whether the offender was sentenced to state prison.

If the court approves the expungement petition, the defendant is permitted to withdraw his or her plea of guilty or no contest and enter a plea of not guilty. If the defendant was convicted by a jury, that judgment is set aside. When an expungement is granted, the court will notify the Department of Justice, to ensure that that the petitioner obtains all of the benefits of dismissal.

If the offender is currently serving a sentence for another crime, has a pending criminal charge, has a warrant for his or her arrest, or is still on probation, an expungement will not be granted. However, an experienced criminal defense attorney can petition the court to terminate probation early so that the individual can benefit from post-conviction relief.

California Penal Code section 1203.4, the specific law that discusses petition for a certificate of rehabilitation and pardon states:

"In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order 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."

The court will not terminate probation unless it can determine that the driver's good conduct and reform justify the action, and that the interests of justice would be served by early termination. The driver's attorney submits a request to the court where the original conviction took place. The court will not grant early termination of probation unless all fines and restitution are paid in full.

Having a conviction expunged has numerous benefits. Once an expungement has been granted, job applicants are not required to reveal their criminal records. Even when a criminal conviction must be revealed, such as in licensing applications or jobs in the public sector, the criminal record will be updated to show that the conviction has been replaced by a dismissal.

Post-conviction relief is available for many criminal convictions, allowing individuals to make a fresh start. A California criminal defense lawyer experienced in obtaining post-conviction relief can determine whether expungement may be an option in each individual case.

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