Expungement of an Orange County DUIConviction
Pursuant to Penal Code 1203.4
People who have been convicted of a DUI in California have an opportunity to “sanitize” their record for employment purposes. California law has provisions that allow for expungement (the sealing of criminal records so it is not publicly available) of the conviction. It is important to know that there are exceptions to this rule and an experienced Orange County DUI attorney is in the best position to inform you of your rights concerning your individual circumstances.
Under California’s Penal Code Section 1203.4, misdemeanor DUI convictions can be expunged. Penal Code Section 1203.4 states in part:
“[DUI offender shall]…be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided…”
What does this mean? People who are eligible for this kind of expungement can hire a lawyer to go back into court after their probation is over. The attorney will ask the court to change a guilty plea or “no contest” plea to a “not guilty plea. In order for an expungement to be granted the individual:
- Must no longer be on probation
- Must have met all the terms and conditions of their probation
- Must have paid all fines
- Fulfilled all community service
- Fulfilled the required custody time
- Pay any restitution owed if property damage was involved
When is a person not eligible for an Expungement?
- Are still serving a sentence for a criminal offense
- Are still on formal or informal probation for any offense,
- Are currently being charged with the any crime
- Had their probation revoked and not reinstated
- Were arrested and convicted of a new crime within 1 year of the former judgment
- Have an outstanding warrant for arrest
- Failed to appear or pay fees/fines to the Department of Motor Vehicles
- There are a few more reasons that your attorney will advise you on
The main reason for expunging a record of DUI conviction is for employment purposes. Once the offense has been expunged, a future employer may no longer hold the DUI against you in hiring or promotion. You no longer have to disclose the fact of the DUI conviction on job applications.
However, the expungement does not protect you in all employment situations. The expungement of your conviction does not affect your responsibility to disclose the conviction when applying for state licenses, when running for public office or applying for teaching credentials. Also, the state license board is allowed to use a DUI conviction (even after the expungement) against you in deciding whether to grant or renew a license or credential.
But overall the expungement process has a very positive effect on the life of someone who has a DUI conviction on their record. If you or a loved one has fulfilled all of the terms of probation in Orange County, you may be eligible for an expungementpursuant to Penal Code 1203.4. Contact the law offices of Coffey and Coffey at (800) 706-7888. Let us help you repair your reputation today.