Published on August 21st, 2014 | by Daniel R. Perlman0
DUI Expungement in California
Expungement is the term used to refer to the sealing of conviction and arrest records. California law allows individuals to expunge DUI convictions and arrests from their records as well as certain other charges. Not all charges may not be eligible for expungement and consultation with an attorney may be necessary to determine what charges would likely also be expunged.
A person seeking an expungement must first obtain all of court documents regarding their case in order to file a petition. If the person was represented by a DUI defense attorney for the original DUI matter, that attorney is most able to handle the petition filing and expungement proceedings as well. A petition must include all requested information and all court fees involved with filing must be paid.
The next step in expunging a DUI is filing the petition with the court which is then reviewed by a judge. In addition, a copy of the petition must be served to the prosecutor. If the judge grants the DUI expungement, the person withdraws his or her original plea of guilty or no contest, and then re-enters a plea of “Not Guilty” and the case is dismissed.
Expungement will help to avoid some problems associated with having a DUI on one’s record. An individual may truthfully fill out employment applications and obtain professional licenses much more easily, though DUI expungement does not affect the obligation to disclose the conviction when applying for state licenses or teaching credentials.
A defendant seeking to expunge a DUI must not be currently charged with another offense and also must have completed probation related to the DUI conviction. In addition, the defendant must fulfill all other requirements of his sentence including paying any and all fines and/or restitution and full completion of any community service that was ordered.