California DUI statutes prohibit drunk driving. A guilty verdict for the offense attracts severe punishments and life-altering collateral consequences. On top of jail incarceration and the payment of hefty fines, having a drunk driving sentence on your criminal record will make it difficult to obtain meaningful employment, adversely affecting your career and livelihood.
Thankfully, the law provides many avenues to dodge the disabilities that come with DUI convictions. Record expunction is among the many post-sentencing relief options for drunk driving convicts. The process entails petitioning the court to overturn your “guilty” decree to “not guilty” to eliminate the disabilities associated with a conviction.
With an expunged record, property managers, professional licensing bodies, and employers cannot discriminate against you based on a conviction. Nevertheless, expunction laws are complex, and you need a DUI attorney to help you navigate and obtain a clean slate.
Expunging a California Drinking and Driving Record
Drinking and driving sentences usually attract collateral consequences that significantly hurt your life and the lives of your loved ones. Luckily, post-sentencing reliefs like expungement give you a second chance to start afresh without your mistakes of the past haunting your future. DUI record expunction entails petition filing in the relevant court and awaiting the judge’s decision.
Not every DUI convict is eligible for expunction relief. The law provides a criterion that you must satisfy to bring the petition. The conditions you must fulfill are:
You Must Successfully Complete Your Probation
After the court finds you guilty of drinking and driving and the judge sentences you to probation instead of incarceration, you qualify for record expungement if you complete the program. Successful completion of probation means serving the entire probationary period.
The probationary duration in DUI cases typically lasts for thirty-six to sixty months. However, this is contingent on the jail or prison sentence served. Also, you should have abided by all probation terms. The conditions vary based on the circumstances surrounding your drinking and driving case.
You Were Not Sentenced to Prison for the Offense
The law allows you to erase your criminal record after a conviction for a misdemeanor or even a felony DUI. However, the decision hinges on your case’s nature. For instance, when the court finds you guilty of a first drinking and driving offense, it will impose a jail sentence of at most half a year. Nevertheless, the court will set a prison sentence when the DUI results in bodily injuries to another party.
Even though felony DUI convictions are eligible for expunctions, you would not qualify for a record expunction if you were sentenced to prison. However, if you were sentenced to prison at the time for a crime that attracts jail incarceration today under Proposition 47 “realignment,” you will be eligible for record expungement.
Additionally, you qualify for expunction if you have no current criminal charge or are not in jail or prison for another crime.
Many California DUIs satisfy the criteria for expungement. However, it is always advisable to consult with an experienced drinking and driving attorney to evaluate your case and determine eligibility. Consulting with an attorney will save you time and ensure you have a solid petition.
Early Probation Termination
The judge will impose probation for a standard DUI conviction. One of the critical conditions you must fulfill to qualify for record expungement is to complete the probationary period. Summary probation for drunk driving lasts for 36 months, although it can extend to sixty months, depending on the unique circumstances of your case. The same applies to felony probation. Considering the conviction record adversely affects all aspects of your life, this is long.
When you feel the probation is extended and you cannot bear the collateral consequences of having a criminal record, you can request the judge for an early probation termination to expunge your record earlier than expected. Your attorney applies under PC 1203.3 and convinces the court that you deserve an early probation termination. Whether it is an early probation termination or you have completed the probationary period, it does not make any difference.
The court has the pleasure of ending your probation whenever it deems necessary. Nevertheless, this is only possible when you serve at least twelve months of your summary or 18 months of formal probation. When ruling on the petition, the judge considers if you have completed all probation conditions, including court fine payment, mandatory DUI classes, and victim restitution.
Furthermore, particular circumstances in your case can warrant an early termination. For instance, if the probation is causing hardships in obtaining meaningful employment, advancing your career, or traveling abroad to see family or for a job, the court will be more willing to grant your request for an early termination.
Nevertheless, you should know that courts are reluctant to grant early termination to individuals convicted of drunken or drugged driving. One common probation condition for persons sentenced for driving under the influence is to avoid being behind the wheel with any measurable alcohol amount in the bloodstream. Granting you early probation termination relieves you of this responsibility, which is against the wishes of many courts who want to see you bound by this condition until the lapse of the probationary duration.
Therefore, even if the early probation termination option is available, the presiding judge can require you to serve the entire probation sentence before allowing you to submit a petition under PC 1203.4 for drunk driving record expungement.
The Expunction Process
The process of expunging a drinking and driving offense takes work. To begin the process, you must collect all the details and paperwork relating to the violation and subsequent conviction. The phases involved in DUI record expunction are:
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Enlist the Services of a Drinking and Driving Attorney
You want to avoid making errors in your expunction petition that could result in denying your request. Unless you are familiar with California laws, you should hire an attorney to help you with the process. An experienced attorney has been filing these petitions for a long time, and they understand the obstacles applicants face and how to maneuver them. Therefore, with a profound legal representative, you increase the likelihood of your petition being accepted on the first attempt.
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Bringing the Expunction Petition
Your attorney will fill out all the necessary forms to file the petition. Typically, you bring your petition to the court where the drunk or drugged driving conviction happened. Various courts have varying policies on the process of filing an expunction petition. Some will require you to mail it, while others will ask you to deliver it in person.
Once the prosecutor receives the petition, they will have fifteen days to evaluate it and decide whether to object. So, it is crucial to always bring your request on time to give the prosecutor sufficient time to review the petition.
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Show Up for the Expunction Proceeding
Another role of your DUI attorney is to prepare for the expungement hearing and represent you in court. Do not worry about missing the hearing because appearance is not compulsory. However, showing up can demonstrate your commitment to starting afresh in court.
The expungement proceeding allows the prosecutor to present evidence or reasons why they are against your petition. The hearing consists of the prosecutor, the judge, and the petitioner. The judge listens to arguments for or against the expungement and then grants or denies an expunction. The factors the judge considers before issuing a verdict are:
- Your capacity to secure and maintain gainful employment — If you attach documents showing that you hold a steady job that you have held for a considerable time, the judge will be willing to grant the request.
- Your criminal record — If you have no extra sentences on your criminal record, the court is more likely than not to grant your petition.
- Community labor or service — If you participated and completed your community hours sentence before filing the petition, the chances of the judge granting the expunction are high.
The court will grant or object to your petition based on your eligibility and proper paperwork filing. Having an experienced attorney on your side increases the chances of the judge granting your request, as the lawyer ensures that you satisfy the eligibility criteria and properly file the paperwork.
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Petition Re-filing
If the court grants your petition, you will withdraw your guilty or no contest plea and re-enter a not guilty plea. Alternatively, the judge will overturn the verdict and dismiss the case if you were found guilty in a trial by jury or bench. Your attorney will follow up to ensure the records are sealed from the public. Nevertheless, you should not give up if the court’s decision is not in your favor. Inspect the forms and the paperwork and correct the errors before submitting another petition in six months.
The court can deny your application for several reasons. These are:
- You lack the qualifications necessary for the petition.
- You inflated your apprehension, sentencing, and probation report or entered misleading or incorrect information.
- You violated or disregarded a serious probation condition.
- You have an outstanding restitution or court-imposed fine.
Advantages of Expunging a DUI Record
One of the best ways to obtain a reprieve from the consequences of a drunk or drugged driving conviction is to expunge the record.
One benefit is that it will make it easy to find employment. A drunk or drugged driving sentence will appear in the public database. When potential employers, property managers, or professional licensing bodies come across the record, they can use it to deny you opportunities, as the history indicates your reckless conduct. Nevertheless, when you expunge the record, these parties can no longer use it to deny you a lease, professional license, or employment.
You do not have to disclose to a potential employer an expunged conviction. However, you must reveal the sentence when applying for or renewing your state license or credentials. Although the expunction will influence the licensing board’s decision, it will look more favorable than when it was never expunged.
Another benefit of the expunction is that it brings personal satisfaction. Having a DUI record affects people’s opinions of you and your relationships. However, when the record is not visible to the public, you feel relieved and redeemed from your past mistakes, bringing personal satisfaction.
Lastly, you can become a witness in court after record expunction. A drinking and driving record makes you an unreliable witness, and it is easy for the opposing side to impeach your credibility. However, after an expunction, you become a reliable witness.
Limitations of a DUI Expunction
Expunging your drunk driving sentence offers multiple benefits. However, the relief has its limitations or restrictions.
One of the restrictions is that it will not overturn your driving privilege withdrawal or cancellation. A driver's license suspension is a common punishment for drinking and driving convictions. The withdrawal of the privileges lasts for six to sixty months. If you are sentenced to six months of driver’s license suspension, the privilege withdrawal will lapse before you complete your probation, so it will not affect your license.
However, when the suspension duration extends to five years, you could complete your probation while your license is suspended. When this happens, even if you apply for an expunction and the court grants it, you will not regain your driving privileges until you complete the suspension.
Similarly, an expunction will not lower your insurance premiums. Insurers take DUI sentences seriously as proof of reckless driving. Most will use the conviction to increase your insurance premiums or cancel your policy. Record expunction will not help reduce the rates that have been revised upwards after a DUI sentence.
Also, when enlisting for military service or law enforcement, the expunction will not be beneficial because you must disclose the conviction. Not disclosing it will result in discharge.
Lastly, because DUI is a priorable offense, a previous conviction will still affect future DUI penalties within ten years. The prior DUI will count as priorable even if it was expunged.
Find a Skilled Drunk or Drugged Driving Attorney Near Me
DUI convictions attract life-altering consequences. Even after completing your incarceration sentence and paying court fines, the ruling will still haunt you as it will appear on your record. Luckily, you can prevent discrimination by expunging the record. The expunction process is lengthy and involves a lot of paperwork and court appearances. Therefore, you should hire a Los Angeles legal representative for guidance and representation. At the Jonathan Franklin DUI Attorney, we can help you obtain relief from DUI disabilities. Contact us at 323-464-6700 for a no-obligation consultation.
