Can i expunge my convicted DUI misdemeanor in California?
When is the soonest that I can get my DUI charge expunged? FYI I was 20 when I got the DUI and am still on probation I believe for another 3 years I believe. What are my chances of getting my DUI charge expunged ASAP??? THANKS!!! ...
When is the soonest that I can get my DUI charge expunged? FYI I was 20 when I got the DUI and am still on probation I believe for another 3 years I believe. What are my chances of getting my DUI charge expunged ASAP??? THANKS!!!
Do not listen two the two boneheads above who have absolutely no idea what they are talking about.
Of course you can expunge your record. Under California Penal Code Section 1203.4a you can expunge your record as follows: "Every defendant convicted of a misdeameanor … may under certain conditions be allowed to withdraw his plea of guilty and enter a plea of not guilty and the court shall thereupon dismiss the accusatory pleadings. The applicant must meet the following conditions (1) One year has elapsed from the date of pronouncement of judgment (2) the defendant has fully complied with and performed the sentence of the court (3) the defendant is not charged with nor is then serving a sentence for any offense, and (4) since the pronouncement of judgment, the defendant has lived an honest and upright life"
The chances are from little to none. On what basis do you want the charge expunged?
Never! I am sorry and I know because you wont like the answer that I get the approved thumbs down, but in America we count them up. All the DUI's that you'll ever get. They wont just seal your record. I dont know were people get the idea that you can do this? Unless your in law enforcement, and they hide it for you. OR if you are in politics and they hide it for you. IN five to seven years just like your credit, People will stop looking at it ( some people not all, some people will never give you a job because anything is on your record.)
Most places wont look back more than 5 a few only look 3 years back, and a few look back 7 years. The police will always see this, even if you had the President seal your record, All Law enforcement will always see eveything you have ever done. Always!
anyway the answer is nothing comes off your record EVER.
you can have some stuff hiden, but only if it was dismissed, or deferred adjudication. the stuff that is hiden is NEVER hiden from the US Government or the Police. Just to get started your gonna need an attorney, He's gaonna statr at around 1000.00 to take the case ( it will cost a lot more), and een if you pay him, it may be a waste of money.
The best thing to do is -=- nothing else! stay out of trouble! at all cost.
lets say the same situation came up again,
you were wherer ever doing what ever and now you are UI. your not at home and you need to get there. DO NOT DRIVE. Why? becuse that has cost you whatever it has so far + what you wish to do now, and maybe a job or two that would have had you except you got this deal. Sounds like a cab would cost less because it would have cost less. Call a freind , call a parent, heck call the Police tell them I must get home and I cant drive. GO to a hotel Wlak there if needed.
Daniel is close, but PC 1203.4a is for defendants not placed on probation. The statute applicable to you is PC 1203.4. You can only obtain such relief after you have completed probation. An "expungement" under California law is not what you might think. It will still show on your record, though it will have a notation that the conviction was dismissed under section 1203.4. Employers can still find it, so it is best to reveal it with a notation that it was dismissed. It can still be alleged as a prior conviction, and expungment has no effect upon DMV. (Vehicle Code section 13555.)
Here is a link to the Judicial Council's discussion of the subject:
http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm