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HOW TO CLEAN YOUR DUI CONVICTION FROM YOUR CALIFORNIA CRIMINAL RECORD
In California, the legal process to clean or expunge a criminal record is typically referred to as “expungement,” officially known as “dismissal” under Penal Code 1203.4.
A DUI conviction, whether it resulted in probation or jail time can be expunged under certain circumstances pursuant to current law in California.
Getting one can release you from many of the negative effects of a California DUI conviction.
This includes adverse employment consequences.
1.a. Probation was granted and you are not under supervision; and
1.b. You are not serving a sentence for, on probation for, or charged with the commission of any offense;
2.a. You are not serving a sentence for, on probation for, or charged with the commission of any offense and you complied with your sentence; and
2.b. More than one year has elapsed since your judgment
1. You are not under supervision under Pen Code Section 1170(h)(5)(B) (split sentence with mandatory supervision); and
2. You are not serving a sentence for, on probation for, or charged with the commission of any offense;
3.a. more than one year has elapsed since you completed your felony county jail sentence with a period of mandatory supervision; or
3.b. more than two years have elapsed since you completed your felony county jail sentence without a period of mandatory supervision completed probation for the offense, or
3.c. more than two years have elapsed since you completed your felony state prison sentence
Most California driving under the influence convictions will meet these requirements.
Why Should I Get My Record Expunged?
One of the major benefits of expunging a California DUI conviction is an easier time securing 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 (except for certain state licenses and teaching credentials).
What does the Expungement Process look like?
To help you better understand how to get a drunk or drugged driving conviction expunged, here are the steps you might need to take:
Check Your Eligibility: You’re generally eligible if you’ve completed either probation or your prison time, are not currently charged with a crime, not on probation for a crime, or serving a sentence for a crime.
Petition the Court: If you are eligible, you can petition the court for dismissal. This typically involves completing and filing a form called the CR-180, Petition for Dismissal. You might also need to complete and file form CR-181, Order for Dismissal.
Attend a Hearing: The court might schedule a hearing, during which you will need to present your case for why your DUI conviction should be expunged.
Await the Decision: If the judge grants your request, they will sign the Order for Dismissal. The court clerk will send copies of the order to the Department of Justice and the arresting agency.
Keep in mind, expungement does not completely erase your DUI conviction. It will remain on your criminal record, but it will be marked as dismissed. This means when you apply for most jobs, you can legally say you have not been convicted of that crime. However, the conviction
might still affect your driving record and could be used as a prior if you are charged with another DUI.
Lastly, because the laws can change and are complex, it would be prudent to consult with a lawyer who specializes in DUI law in California. They can help ensure you take the appropriate steps based on the specifics of your case and the most current laws.
Call us at 866.353.5997 to discuss your case with an experienced and competent DUI expungement lawyer.
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