Expunge Your DUI

attorneys.speedreadingtest.info What Makes A Top DUI Attorney? When youre in jail for driving under the influence and youre just looking to get out as soon as possible, you need to find an attorney who can help you out. A top DUI attorney can hopefully get your record expunged, can help you avoid a conviction or can at least help you get a lesser charge, such as a slap on the wrist misdemeanor. If youre convicted of a DUI, you face a life of hardship. A DUI conviction can bar you from some jobs, some loans and you will be looked at differently by all who find out. If this doesnt matter to you, you can go for a cheap DUI attorney; but a top DUI attorney will do his or her best to make sure you get off scot free. Cost You must realize that a top DUI attorney will charge more than your average run of the mill attorney. Thats because a top DUI attorney, one that can get someones charges dropped, or get them a lesser charge or less jail time, will be much in demand. Everyone will want that top DUI attorney for their case. That means the attorney will pretty much be able to charge anything he or she wants as they know people will pay it. Just realize that if you are going to go for the top DUI attorney, you should be prepared to pay a little bit for it. Multi-Attorney Offices When a top DUI attorney is in high demand, his or her schedule may be full for a long time. However, many attorney offices have several attorneys working in that same firm. If one is busy, see if theres …

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.

A San Diego California DUI / Drunk Driving conviction or record is considered a criminal offense and as such is a part of your criminal history. A San Diego California DUI / Drunk Driving under California Vehicle Code Section 23152 is considered a misdemeanor offense whereas felony San Diego California DUI / Drunk Driving offenses under California Vehicle Code Section 23153 involve property damage, injury/death, and/or multiple offenses.

Check with a San Diego California DUI / Drunk Driving attorney to verify. A San Diego California DUI / Drunk Driving misdemeanor conviction is eligible for expungement under California Penal Code Section 1203.4.

The benefits of clearing your San Diego California DUI / Drunk Driving record can mean many things, including expanded employment opportunities by being able to answer “no” on job applications if and when the employer or application asks if you’ve ever been convicted of a criminal offense.

]]>

By clearing the record you’ll be eligible for jobs that would otherwise exclude you based solely on the San Diego California DUI / Drunk Driving record as well as professional licenses and other civic liberties.

San Diego California DUI / Drunk Driving Expungement

After a San Diego California DUI / Drunk Driving conviction, one of the best remedies to seek is what’s known as a 1203.4 expungement which is a legal practice that can clear your San Diego California DUI / Drunk Driving record. The San Diego California DUI / Drunk Driving expungement gets the initial San Diego California DUI / Drunk Driving charges dismissed and the case dropped under specific terms described in the San Diego California DUI / Drunk Driving expungement order. The San Diego California DUI / Drunk Driving expungement can be handled by a San Diego California DUI Lawyer. Here’s how the San Diego California DUI / Drunk Driving charges can be dropped.

Originally published here.