dui expungement california what a lawyer will do

Expungement

is a way to move on from the mistake you made by having your case dismissed. But the first step is hiring a skilled and seasoned Los Angeles DUI attorney. Your lawyer will discuss all the facts of your case, explain the law, and go over possible defenses.

Full Answer

What is an expungement of a DUI in California?

Expungement of a DUI in California is a post-conviction process in which a person withdraws the plea of guilty or no contest, and the case is dismissed. The conviction still counts as a DUI prior and for DMV purposes.

Does an expunged DUI conviction affect employment?

Once a drunk or drugged driving conviction has been expunged, a prospective employer may no longer use it as a basis for negative employment consequences. But an expunged conviction does not have to be disclosed at all.

Do you have to disclose an expunged conviction to your employer?

But an expunged conviction does not have to be disclosed at all. And if the employer somehow finds out, it may not legally use an expunged conviction as a basis when making employment decisions such as whether to retain or promote the employee.

How long is probation for a DUI/drugged driving in California?

Misdemeanor (“summary”) probation for a drunk/drugged driving conviction typically lasts three years (but can be as many as five). Felony (“formal”) probation in California is equally long. This is a long time to wait to gain the benefits of an expungement.

How long does it take to expunge a DUI in California?

between 3-4 monthsHow long does a DUI Expungement take? Generally, these take between 3-4 months, but Courts vary.

What happens after expungement in California?

A. In California, when a record is expunged, a plea of guilty or no-contest (or a conviction after trial) gets set aside by a judge. The applicant then enters a new plea of “not guilty” and the judge dismisses the case.

How do you get a DUI expunged from your record in California?

How does a DUI expungement work? As soon as someone completes probation for a DUI, he or she may petition the court to expunge the record of conviction. A judge will then review the petition to determine whether that person is eligible for an expungement.

Can you expunge a DUI in California without a lawyer?

Although it is quite a complicated process, best performed with the counsel of an experienced criminal law attorney, you may be able to expunge a DUI on your own in some cases. The following information is intended to help you get started.

Will an expungement show on background check in California?

An expunged arrest is removed completely from the public record. Sealing court records generally only applies to crimes committed by juveniles. The arrest and conviction will remain on the person's record but can only be seen by court order. Sealed records should not turn up in a criminal background check.

How does expungement work in California?

California criminal expungement is a process that petitions the Court to review a conviction and allows a defendant to withdraw their plea or finding of guilt; a new "Not Guilty" plea is entered by the Court, and the case is ordered dismissed, and the conviction set aside.

How much does a DUI Expungement cost in California?

Including Court Costs, ALL Legal Work and Court Appearances: Infraction Expungement $590* Misdemeanor Expungements $695* Misdemeanor DUI Expungement $820. Felony Expungement $915* (includes a reduction to a misdemeanor when eligible)

How long does a DUI stay on your criminal record in California?

10 yearsFortunately, a DUI charge does not stay on your driving record forever. Generally speaking, it remains on your driving record for up to 10 years and is viewable by the DMV and law enforcement during that time. The other good news is that a DUI conviction on your driving record does NOT show on most background checks.

How long does a DUI stay on your record in California for insurance?

10 yearsIn California, a DUI will stay on your driving record for 10 years. When your auto insurance policy is up for renewal or you apply for a new policy, the insurer will look at your driving history. You can expect significantly higher rates after a DUI.

How long does a DUI stay on your record?

five to 10 yearsA DUI or DWI usually stays on your driving record for five to 10 years and your insurance record for three to five years. Besides all of the legal trouble that can come with a DUI, your driving record is blemished. A DUI stays on your driving record for five to 10 years in most states.

How do I get my license back after a DUI in California?

To fully reinstate your driving privilege with no restrictions, you must serve your full suspension or restriction, provide the DMV with proof of completion of a DUI program and provide proof of insurance (SR 22). You will be required to maintain the SR 22 for 3 years.

How many points is a DUI in California?

two pointsEach DUI conviction adds two points to your driving record.

Who is eligible to get a DUI conviction expunged in California?

Expungement is available to anyone convicted of either a California misdemeanor or a California felony provided that: The person successfully compl...

How does a California DUI expungement work?

As soon as someone completes probation for a DUI, he or she may petition the court to expunge the record of conviction. A judge will then review th...

Will an expungement make it easier for me to find a job?

One of the major benefits of expunging a California DUI conviction is an easier time securing employment. Once a drunk or drugged driving convictio...

Will relief under PC 1203.4 help me get back my driver's license?

A PC 1203.4 expungement of a DUI will NOT overturn a driver's license suspension or revocation. But in most cases, probation lasts longer than the...

Does an expungement affect the penalties if I get another DUI later?

Driving under the influence is a "priorable" offense in California. This means that DUI penalties increase with each conviction accumulated within...

Can early termination of probation help me expunge my conviction earlier?

Yes -- assuming the court is willing to grant early termination of probation. People are eligible for an expungement once their probation is termin...