Taxman’s beginner’s guide to DUI expungement in California
February 24, 2022at8:00 AM
A DUI conviction has long-lasting consequences on every aspect of your present and future life. Luckily, with a DUI expungement in California, you can put a DUI conviction behind you. However, navigating the process can be confusing. At Taxman DUI Defense, we boast an unparalleled track record of success. With Steve Taxman, you can always expect to get the best possible results under your unique circumstances.
Here’s our guide to DUI expungements:
What is a DUI expungement?
A DUI expungement in California is also known as an “expunction,” “setting aside a criminal conviction,” and “sealing a conviction.”
Essentially, an expungement is a post-conviction process that conceals a DUI arrest. An expunged DUI is no longer visible to potential employers, educational institutions, credit issuers, and other entities that conduct background checks.
A DUI is automatically elided from your driving record within 10 years. However, a DUI conviction will remain on your criminal record for life unless a judge expunges it through the court system.
Expunged DUI offenses can still be used as proof of a prior conviction, and they are still relevant for DMV purposes. For example, if you have had a DUI expunged but are undergoing sentencing for another DUI, your expunged DUI can be presented as proof of a prior conviction.
Understanding the nuances of DUI expungement is difficult without legal training. Luckily, we have the experience and track record to ensure we wipe your record clean.
How do you get a DUI expungement?
A DUI expungement in California is typically limited to your first offenses. Moreover, there are several factors to consider. You are only eligible to apply for a DUI expungement when you:
Have paid all fines and fees.
Have completed your probation term and fulfilled all probation terms.
Have completed treatment as required by law.
Are granted a motion for early termination of probation in DUI cases.
More importantly, you are only eligible for expungement when the court allows you to apply for it. You will first have to petition the court to expunge the conviction. The judge then decides if you are eligible.
If you are eligible, the judge will ask you to withdraw your guilty plea and re-enter a “not guilty” plea, or the judge will set aside the verdict and dismiss the case. On average, a DUI expungement takes 3-4 months.
In California, the standard for expunging DUI cases is significantly higher than in other states. The court must determine that the expungement is in “the interest of justice.” This is a major complication, and navigating it requires the counsel of a qualified lawyer.
Fortunately, we have the experience to guide you through successfully expunging a DUI conviction from your record.
What are the benefits of a DUI expungement?
There are several benefits of a DUI expungement in California. Completing probation and expunging your DUI can be used for relief in the event of future DUI crimes.
Furthermore, you can use an expungement as evidence to employers and licensing boards that you have received treatment, and it shows you have taken the initiative to rectify and minimize your mistake as much as the law allows.
More importantly, an expungement prevents employers from using a DUI against you during a hiring or promotion process. Lastly, expunging your DUI can also lift travel bans.
Contact us now for a free consultation!
If you are ready to put your DUI conviction or arrest behind you, then it’s time to pursue a DUI expungement in California. However, navigating the court process is complicated, and without the proper legal experience and training, you can do more harm than good. Luckily, Taxman DUI Defense is here to help, and our track record speaks for itself. Contact us now for a free consultation!