The law in California allows a person who has been convicted of a DUI to have it expunged, which is a legal process where one can withdraw their plea or finding of guilt, enter a not guilty plea, and order the case dismissed. It is important however, for one to remember that the decision to grant or deny the petition to expunge a DUI is at the discretion of the judge and the decision may be opposed by the district attorney’s office for the relevant county. If the motion is opposed, the district attorney will have to file a formal written motion and a court hearing will be scheduled to hear the merits of the case. Should this occur, it is important that an attorney attend the hearing and argue on your behalf.
There are a number of benefits to having your DUI or “wet reckless” conviction expunged from your record. Following the expungment on an application for private employment, you can now truthfully answer that you have never been convicted of a crime as long as all crimes that you have been convicted of have been expunged.
Your DUI expungement will not affect your obligation to disclose the conviction when applying for a state license. However, you may inform the licensing agency that you have had your DUI expunged and it will increase that likelihood that you are able to obtain the license.
Once granted, a DUI expungement changes and updates the disposition of the case to reflect a dismissal under Penal Code 1203.4. This means that the court file, the California Department of Justice, and the FBI update their files to reflect that a plea of “not guilty” has been entered and that the case has been ordered set aside and dismissed by the court.
A DUI can be expunged under subsection (c ) of Penal Code 1203.4. PC 1203.4(c) provides that “if a defendant who was convicted of a violation listed in paragraph (1) [i..e dui and “wet reckless” convictions] petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant.
In other words, in DUI and “wet reckless” cases, the court has complete discretion to grant or deny an expungement, even if you did not violate your probation in any way.
- Goodman & Dicus LLP will gather information about your case from a variety of sources.
- An attorney at our office will review your case.
- An attorney will prepare the petition to have your DUI expunged from your record.
- A supporting affidavit for DUI expungement is prepared.
- A proposed order for the court is drafted.
- The petition, affidavit and order are filed with the appropriate court.
- A notice of hearing is then prepared.
- The required agencies are identified and served with the notice of the hearing (i.e. District Attorney, Probation and/or City Attorney)
- If a hearing is scheduled our attorneys will attend to argue on your behalf.
- Our office will follow up with the court after the hearing to ensure that the court has approved the order.
- Once the order has been granted your misdemeanor will be officially expunged and we will provide you with a copy of the signed expungement order.