What Does Getting a DUI Expunged Mean?
Getting a DUI (Driving Under the Influence) expunged means removing a DUI conviction from a person's criminal record. Expungement is a legal process that allows a person to petition the court to have their DUI conviction removed from their record, making it as if the conviction never happened.
When a person's DUI is expunged, it can help them avoid the negative consequences of having a criminal record, such as difficulties finding employment or housing. However, expungement is not available in all cases and may vary depending on the state or country where the conviction occurred. Additionally, expungement does not erase the DUI from a person's driving record or prevent law enforcement from accessing the information in certain circumstances.
Are You Interested in clearing your criminal record?
The procedure of a DUI expungement can completely seal your criminal record. There are three types of expungements offered in California to certain individuals who can qualify. Are you wondering which type is the right one for you? The kind of expungement that you may be able to use will vary based on the type of conviction and the terms of your sentencing. A Sacramento DUI lawyer from our firm will be more than happy to guide you in your case and tell you what type of expungement you could be the right one for you. There are multiple compensations to having past DUI convictions eliminated completely from your record. This is the chance for a fresh start. If you want to learn more about the benefits of DUI expungement, please continue to read to see if you are suitable!
How many types of expungements are obtainable?
In California, the penal code allows you to seal your record with three distinct types of expungements:
- California Penal Code § 1203.4: This statute makes it possible for those who have been convicted of DUI and sentenced with probation to expunge their conviction.
- California Penal Code § 1203.4a: This statute makes it possible for those who have been convicted of DUI and their sentencing did not involve probation to expunge their conviction.
- California Penal Code § 17: This statute makes it possible for those who have been convicted of a felony DUI to get this conviction reduced to a misdemeanor, and then that misdemeanor dismissed.
The Benefits of Expungement
Although certain benefits are available with expungement, there are always a couple things that an expungement cannot achieve. One of them is that a conviction can be expunged from your record, but it will still remain in your history records. This means that your conviction will always display on your record, but it will appear as expunged. What this will do is to inform everyone who views your criminal history that your arrest did not ended up in a conviction, because expungement eventually reopens your case and dismisses your conviction.
It is very vital to note that the Department of Motor Vehicles still needs to know of your previous DUI offenses, particularly for DUI expungements, even if they were expunged. The Department of Motor Vehicles can still suspend or revoke your driving privileges with the use of expunged convictions. This is all because the revocation of a license is an administrative penalty of a DUI, while expungement deals with the criminal part of a DUI conviction.
There are still multiple benefits for employment even with a DUI expunged from your record. But, if driving is the main role of your job, for example if you are driving a commercial truck for a business, a DUI expungement may cost your commercial driver's license and possibly your job. For all jobs in the private sector, employers are not permitted to ask employees about arrests that did not end in conviction. If you are applying for a job, you don't have to answer “yes” to questions like “Have you ever been convicted of a crime?”
Do I qualify for expungement?
You can be able to qualify for expungement if you meet the following conditions:
- You meet all the guidelines laid out in the section of the penal code that defines the expungement you are trying to get.
- You can only request for expungement if one year has passed since your conviction.
- You must have completed all the terms of your sentencing before you can petition for expungement. This includes all DMV hearings, fines and fees.
Contacting a Sacramento Expungement Attorney in Sacramento CA
If you think that you might qualify for any of the DUI expungements, do not hesitate to contact The Law Office of John A. Campanella today. Mr. Campanella will carefully walk you through your case and help you decide which type of expungement best suits your case. Sealing your record can be your chance at a fresh start after your DUI conviction. To learn more about your options, please call us today and receive a free case evaluation.