If you have been charged with a DUI several times, the conviction can affect your chances of employment and even ruin your reputation among friends and family. The best way to get a DUI conviction out of your records is through an expungement. A DUI attorney can help you expunge a criminal DUI record. Here are some of the facts you need to know about a DUI expungement.
What Is Expungement?
If you have been convicted of driving under the influence of alcohol or drugs, you can file a petition to have this removed from your criminal record. This is known as an expungement. Your DUI lawyer will file a petition that involves a motion for relief. You will have to pay filing fees which will vary depending on the laws in your jurisdiction.
According to the California penal code 1203.4, you can petition the court to expunge your records. After the court approves your petition, your felony conviction will no longer be in your records. This means after the court expunges your DUI records, you can tell prospective employers and all interested parties that you have not been convicted of a felony.
Who Is Eligible for a DUI Expungement?
Probation plays a significant role in your eligibility for a DUI expungement. It is one of the requirements you need to qualify for an expungement of your criminal record. If there was no probationary component in your DUI sentence, you might not qualify for an expungement. This means if you were sent to state prison without being considered for probation, a judge might not accept your petition for a DUI expungement.
Secondly, you should meet all the conditions of your DUI probation. If you violate any of the conditions of your probation, you may not qualify to have a DUI swept off your criminal record. Lastly, if you are planning to get your criminal record expunged in favor of an ongoing criminal case, your petition will be denied.
Which Records Can Be Expunged?
In many situations, the outcome of your case will determine whether your criminal records will be expunged. This is regardless of whether your case is a felony or misdemeanor. Some records that can be expunged include a not guilty verdict, a case where charges are dismissed, or a case where you got a Probation Before Judgment (PBJ).
However, if you got a PBJ and were convicted of another crime within three years, your PBJ case will not be expunged. Furthermore, if you file for expungement with a pending criminal case, the new crime will not be wiped out of your records.
Contact a local DUI lawyer to learn more.