Expunge Your DUI

Expungement of DUI Cases

If you have already been convicted of a DUI, you may become eligible for an expungement of your DUI conviction under California Penal Code Section 1203.4. An expungement results in a dismissal of your case. If you are granted an expungement, the court will set aside and dismiss the conviction. Specifically, the court will withdraw your guilty or no contest plea, or guilty verdict if you went to trial, and grant a not guilty plea.

Why should you apply for an expungement of your DUI?

There are several personal and professional reasons why someone would want to apply for an expungement. An expungement is not automatically granted, and will not be granted in the event that you have broken any law since you received your DUI conviction, so the fact that your conviction is set aside proves to you and others that you have learned from your experience and have lived a law-abiding life since your conviction.

On a professional level, you can truthfully tell private employers that you have not been convicted of a crime. What’s more, California Labor Code §432.7 prevents employers from asking about any arrest that didn’t result in a conviction, inquiring about it from other sources or use it in a hiring decision.  Note that if you ever apply for a job with a public entity, or for a professional license, when asked if you were ever convicted of a crime, you will have to report “Yes, and my conviction was dismissed.” Again, the fact that your conviction was set aside will definitely reflect more favorably on your character and indicates that you have fulfilled the requirements necessary to have your conviction set aside.

Additionally, most Licensing and Certification agencies in California will not grant a license to someone who has been convicted of a crime. The same is true for Governmental jobs. However, if your conviction has been expunged, most Governmental licensing and hiring agencies (except police agencies) are required to treat you the same as if you were never convicted of the crime.

What An Expungement Can Do For You 

An expungement will reflect that your conviction has been set aside. An expunged record cannot be used by private employers as a basis to deny you employment. Also, in the State of California, Government Employers (except for the police) and Licensing Agencies such as the Department of Real Estate, Board of Nursing, etc., will treat you the same as if you have never been convicted of a crime if your record has been expunged.

What An Expungement CANNOT Do For You

An expunged record can still be reviewed by a judge for the purposes of increasing your sentence if you are ever convicted of another crime in the future.  Also, an expungement does not wipe out your criminal record. Your criminal court file will not be physically destroyed, and is therefore searchable and is often discovered by private investigators and others who perform background checks. If your criminal court file is discovered, it will show that your conviction was set aside by the court. Accordingly, the Judicial Counsel of California advises that if you are asked by a private employer if you were convicted of a crime, you should answer “Yes, and the conviction was dismissed.” In the case of public employers and licensing agencies, you are required to answer that you have been convicted of a crime and that your conviction has been dismissed. Additionally, an expungement will not automatically grant you the ability to possess a firearm, nor will it restore any driving privileges that were revoked by the DMV due to the conviction.

When Can You Apply For An Expungement?

If you have been convicted of a misdemeanor DUI in a California state court (a 1st, 2nd or 3rd DUI with no accidents or injuries involved), and were not sentenced to prison, you are eligible to apply for an expungement at the end of your probation term.  If your probation term has not ended but you have fulfilled all other terms of your probation (such as CalTrans, community service, payment of fines) your lawyer may apply for early termination probation. Once early termination of probation is granted, you will be eligible to also apply for an expungement.

If you have been convicted of a Felony DUI in California, you would first need to petition the court to reduce the felony to a misdemeanor. So long as you were not sentenced to prison, and your Felony is reduced to a misdemeanor, you will be eligible to apply for an expungement.

If you served time in State Prison or otherwise were under the care of the Department of Corrections, you will not be eligible for an expungement, but may be eligible for a Certificate of Rehabilitation from the California Board of Prisons.

Originally published here.

By Joshua H. Reinitz, Esq

 America is built on second chances. The New Jersey Legislature has provided second chances for citizens convicted of crimes. This article will explore the Who, What, When, Where and Why of expungements in New Jersey and give some detail on how to get a record expunged. 

 The expungement law was first added to the New Jersey Criminal Code in 1979 and has been amended and updated several times since then.  Presently, the statute can be found at N.J.S.A. 2C:52-1 through 2C:52-30.  The text of the statute can be found on the New Jersey State Legislature’s website at http://bit.ly/c6rA5O

 Who:   In light of the present economy competition for jobs is fierce.  Having to answer “Yes” to the question, “Have you ever been convicted of a crime?” increases the difficulty in getting hired or creates an awkward conversation with your future employer.  You can avoid this stress and anxiety with an expungement. Eligibility for an expungement doesn’t require that you have been convicted of a crime.  Arrests resulting in a verdict of not guilty or being dismissed are eligible. 

 What:  N.J.S.A. 2C:52-2 explains which indictable crimes are eligible for expungement.  If you are a public officeholder or a licensed doctor additional bars may exist to expungement and you should consult the statute and a qualified attorney. 

 Section (b) of the statute notes the crimes which are not subject to expungement.  These crimes include but are not limited to: Homicide, Kidnapping, Human Trafficking, Aggravated Sexual Assault, Criminal Sexual Contact, Robbery, Arson, Endangering the Welfare of a Child, Perjury, Terrorism and Producing or Possessing Chemical Weapons. 

 Section (c) of the statute makes it impossible to expunge certain drug crimes.  These include distribution or sale of drugs or possession of illegal drugs with the intent to sell or distribute. This bar is not absolute as the legislature carved out exceptions when the crime involves marijuana or hashish in small quantities.  If the conviction is for a third or fourth degree drug sale, distribution or possession with the intent to distribute crime the court has discretion whether to grant an expungement and will base its decision on the public interest, the nature of the original crime and the character and conduct of the defendant in the time since conviction.

 Disorderly Persons Offenses and Petty Disorderly Persons Offenses are governed by N.J.S.A. 2C:52-3.  None of these offenses are individually barred from expungement.

Municipal Ordinances and arrests not resulting in conviction are eligible for expungement

 When: The clock for an expungement does not always begin counting down the day of sentencing.  In fact, you generally must wait until you pay a fine, complete probation or are released from incarceration, whichever is latest, before you can start counting the time necessary for an expungement. 

 The different types of crimes discussed above each have different waiting periods.  The legislature recently changed the expungement statute allowing for some indictable convictions to be expunged earlier than previously allowed.  You should always check with a qualified attorney and/or the current language of statute prior to attempting an expungement. Presently, the waiting periods for the eligible offenses outlined above are as follow

Indictable Convictions            10 years, however if there are compelling circumstances or it is in the “public interest” as few as 5 years.

Disorderly Persons                  5 years

Petty Disorderly Persons         5 years

Municipal Ordinances             2 years

Dismissals after P.T.I.             6 months

or Conditional Discharge

Arrests not resulting in            Immediately

conviction

Where:  A duly verified petition should be filed with the Clerk of the Superior Court in the vicinage in which the charges arose.  For example, if you were charged with a crime in Teaneck you must file your petition in Superior Court in Hackensack.  If you are attempting to expunge multiple convictions which occurred in different jurisdictions you may combine them into one petition as the venue rules are relaxed.

 Why:   The effect of an expungement is that the event expunged is considered to have never occurred.  While the records do not physically disappear they are segregated and only available in very specific circumstances.  You are permitted after an expungement to say on most job applications that you have not been convicted of a crime without violating the law.

There are exceptions as to when the expunged record may be used, these include setting bail or at sentencing for a future crime and considering applicants for employment within law enforcement, corrections and the judiciary.  Additionally, professional licensing boards may ask you to reveal expunged records as a requirement for granting you a license.

How:   There is a precise procedure required by statute for filing petitions for expungement.  You should consult an attorney prior to filing a petition to ensure you both meet the requirements and are correctly filing the petition as not only does the petition need to include very specific items, you must also serve the petition on several law enforcement agencies. Doing so properly the first time will both expedite the cleaning of your record and save you money in the long run.

This article is by no means an exhaustive review of the expungement process in New Jersey.  If you have questions about anything presented above or other questions about expunging your record please feel free to contact the author at jreinitz@iacullomartino.com or 973 235 1550.

Originally published here.

There are several ways in which to do this and the procedures do vary. But this can be accomplished from any state.

Not everyone is eligible for expungement, there are ways to seal the record no matter which state you live in.

I am going to show you what to do when when you need to expunge your DUI You are not alone. Each year 1.4 million people that is one out of every 135 people in the US are arrested by the police for driving under the influence.

There is so much knowledge available now to develop strategies that will clear your driving record and or minimize the effect having a DUI will have on your life.

This has been organized into a step-by-step process that literally walks you through the exact steps you must take to get this done. But not everyone will be eligible to use the information. Before I can tell you more specifics of the knowledge contained in the DUI Process Manual.

Please take note of the eligibility criteria below…If your offense is related to vehicular homicide, you are not eligible.

If your DUI offense is complicated with felony drug charges you most likely are not eligible.

If your DUI offense involves extensive property damage and/or severe accident or injury you are not eligible.

If you are ELIGIBLE …then expunging your DUI record can occur. You need to study the information available in the DUI Strategies Report which I am going to give you for FREE!

Each state has different DUI laws, but the way in which your records are handled is similar nationwide.

Ok, so you want to know how to expunge your DUI The DUI Process Manual goes in depth on strategies that will help you through the DUI Experience.

It was written by a collaboration of people, all with different areas of professional expertise. Then edited and organized by people who have been in your exact same shoes. That is very important. So if you need to expunge your DUI this is the manual you should not be without.

Originally published here.