One of the first requisites to be eligible for the expungement of a Driving under the Influence charge under the California Penal Code is a conviction for the charge.
One of the first requisites to be eligible for the expungement of a Driving under the Influence charge under the California Penal Code is a conviction for the charge.It is important to apply for an expungement since it is not automatically granted.
You can apply for expungement under California Penal Code § 1203.4 and once granted upon fulfillment of all the requisites stated in the law, your case would be dismissed.One of the first benefits the law provides for a previous conviction is under the California Labor Code § 432.7.
That particular law prohibits any company from making any inquiries that did not result in any conviction which has a direct bearing in your future employment in the company.
Thus when inquired upon, after expungement of your DUI conviction, you can say you have been convicted of a crime but said case was later dismissed. The same holds true for licensing and certification agencies in California as there is a specific prohibition in granting, hiring and certifying individuals with criminal convictions. An expungement would necessarily exempt you from that prohibition.DUI convictions though are not cut and dry.
The result of your petition for expungement is dependent upon the facts of the case. The following are the possible outcomes of a petition for expungement.
- Withdrawal of the plea of guilty or no contest and dismissal of the case;
- Reduction of the original DUI felony to a DUI misdemeanor;
- Arrest would be deemed as detention and not a conviction;
- Destruction of arrest records for the DUI;
- A review of the case and a reversal of original conviction with a finding of innocence;Not all DUI cases in California though can be expunged.
One of the affected is the driving record points that are imposed on your license upon conviction.In order to expunge your driving record points after conviction, you need to comply with all the requisites set forth in your DUI conviction, such as attendance in driver’s education or an alcohol rehabilitation program. Expungement of DUI cases is not as simple as it seems.
There are a lot of factors to consider. Thus it is important to be properly advised and guided on the steps towards filing for the relief sought for your records. If you have a felony that you would like to see if you are eligible for a DUI expungement, call the DUI Expungement Lawers of the Law Offices of Ramiro J. Lluis for a free consultation today.